Page:Federal Reporter, 1st Series, Volume 4.djvu/633

 MAOKAY r. OENÏItàL Bl CO. 619 �ment under the laws of that state, and his powers and duties are prescribed by its statutes. Another state oannot impose upon him liabilities, obligations, or duties different from those which the laws of New York impose, for he takes upon him- self Buch obligations only as the laws of the state which ap- pointed him create, Neither can the statutes of another state impart to the New York administrator powers which the New York statutes do not confer. He is the creation of the local law, and, until additional authority is derived by virtue of an additional appointment, he has only the power which the local law confërs. �The right which the plaintiff is supposed to have received by the statute of New Jersey is not a right to any property which are the assets of the deceased, or of her estate, but is a right to sue as trustee of a fund which may be obtained for the next of kin, — a position in which she is not placed by the law under which she was appointed. In order to execute such a trust the trusteeship must bave been conferred, and the only title which the plaintiff has acquired to this trusteeship is by virtue of her appointment as administratrix by the sur-, rogate under the laws of New York. Its laws do not confer upon the representatives of deceased persons any power to obtain damages for injuries resulting in death which the deceased received in another state. This question has been considered by the supreme courts of Massachusetts and of Ohio. In Richardsonv. N. Y. Central R. Co. 98 Mass. 85, a Massa- chusetts administratrix sued a New York corporation for dam- ages, by reason of the death of the plaintiff 's intestate through the negligence of the defendants in New York. The right to sue was founded upon a New York statute which is very sim- ilar to the New Jersey statute. The court say : "The plaintiff is the administratrix, appointed under the law of Massachu* setts. Her right to sue in this commonwealth in her repre- sentative capaeity is upon causes of action which acorued to the intestate, or which grow ont of his rights of property or those of his creditors. The remedy which the statutes of New York give to the personal representatives of the deceased, as trustees of a right of property in the widow and next of kin, ����