Legal Opinion

In re the Revocation of Ancillary Letters Testamentary Issued to Owsley

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 1912PublishedCited by 1 opinion

Appeal by Louis S. Owsley,' as ancillary executor, etc., from an order of the surrogate of the county of New York, entered in said Surrogate’s Court on the 4th day of June, 1912.

1Opinion of the Court

Scott, J.:

This is an appeal from an order of the surrogate denying a motion by Louis S. Owsley, ancillary executor of Charles T. Yerkes, deceased, to vacate a. citation theretofore issued to said Owsley to show cause why his letters should not be revoked and also an injunction issued in connection therewith.

The ground of the motion is that the surrogate was without jurisdiction by reason of deficiencies in the papers upon which the citation and injunction were issued. The statute (Code Civ. Proc. § 2686) reads as follows: “A petition, presented as prescribed in the last section, must set…

2Cases cited3 opinions

  1. Mojarrieta v. . SaenzNew York Court of Appeals · 1880
  2. Brown v. HinchmanNew York Supreme Court · 1812
  3. Connell v. LasscellsNew York Supreme Court · 1838

3Cited by1 opinion

  1. In re the Application for Letters of Administration on the Goods, Chattels & Credits of McMullenNew York Surrogate's Court · 1914

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