Finding #1234 recovers Matter of Printup (In the Matter of Awarding Letters of Administration upon the Estate of Daniel J. Printup, Deceased), 121 App. Div. 322–325 (Fourth Department, September 25, 1907). Niagara County’s surrogate declined letters for Daniel J. Printup’s estate, reasoning it lacked jurisdiction over an internal Tuscarora matter.
The Appellate Division reversed and remitted for rehearing: on this record, no separate tribal court with compulsory probate jurisdiction was shown, and Indian Law §5 could permit resort to the Surrogate’s Court. The court did not itself appoint an administrator, collect a debt, or distribute the estate.
Separations: claimed ≥$1,200 debt rested on a reportedly filed decision with no entered judgment shown; nominee lacked priority over public administrator without proper joinder; distinguished Dole v. Irish (#1227) — there customary division was proved before letters; Tuscarora ≠ Seneca; same-term Peters v. Tallchief related.
Source: 1907-printup-tuscarora-estate-probate-jurisdiction.
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