The Superior Court of New York City January 7, 1878 (Roderigas v. East River Savings Institution)

By the Court.—Freedman, J.

—The court of appeals has held that the surrogate, in granting lettters upon the estate of the plaintiff, who was not then dead, acted judicially ; that under the statutes of thM State, he had'jurisdiction to issue the letters upon a judicial inquiry and determination by him, that death had occurred; and hence, that the letters so granted protected the defendant as an