441

Case No. 17,947.

WOOD v. GOLD.

[4 McLean, 577.]1

Circuit Court, D. Michigan.

June Term, 1849.

FOREIGN ADMINISTRATOR—RIGHT TO SUE.

1. Letters of administration can only authorize the individual to administer on the estate of the deceased, within the state in which they were granted.

[Cited in Leonard v. Putnam, 51 N. H. 250.]

2. Suit cannot be brought in any other state, without the sanction of said state.

[This was a suit by Jethro Wood's administrator against Amos and Daniel Gold.]

Baker & Willard, for plaintiff.

Mr. Gould, for defendants.

MCLEAN, Circuit Justice. A motion is made for a nonsuit, on the ground that suit is brought under letters of administration granted in the state of New York. Letters of administration do not authorize a suit to be brought by the administrator in any other state. Except by sanction of other states, they can only operate within the jurisdiction under which they were issued. The statute of Michigan requires letters to be taken out in this state, to exercise the duties of administrator here, or to bring suit.

1 [Reported by Hon. John McLean, Circuit Justice.]

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