Blake v. Sands
New York Surrogate's Court
The petition of William S. Sands stated that the will of the testator, dated January 27, 1859, admitted to probate September 1, in the same year, appointed his widow, his brother, Abraham B. Sands, William B. Thurston, Jr., and Alexander B. Blake, executors and trustees, and the petitioner, his son, to be co-executor and trustee, on his attaining the age of twenty-one years; that the widow and Blake alone-qualified, and assumed administration of the estate; that the decedent…
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The petition of William S. Sands stated that the will of the testator, dated January 27, 1859, admitted to probate September 1, in the same year, appointed his widow, his brother, Abraham B. Sands, William B. Thurston, Jr., and Alexander B. Blake, executors and trustees, and the petitioner, his son, to be co-executor and trustee, on his attaining the age of twenty-one years; that the widow and Blake alone-qualified, and assumed administration of the estate; that the decedent left a large estate, consisting of real and personal property; that the petitioner is the only son, and largely…
1Opinion of the Court
The Surrogate.
— This motion is doubtless based upon the fact that the petitioner has become twenty-one years of age, though the petition fails to set forth that fact, but as no objection is taken upon that point, the motion is submitted upon the assumption of the *171petitioner’s majority. The single question needing determination on this motion is, as I understand it to be substantially conceded that this court has the power, under chapter 359, of the Laws of 1870, to modify the decree, whether this court has the power to remove the testamentary trustee for the reasons stated in the answer and…
2Cases cited3 opinions
- Wood v. . BrownNew York Court of Appeals · 1866
- Quackenboss v. . SouthwickNew York Court of Appeals · 1869
- In re MorganNew York Supreme Court · 1872