Legal Opinion

Colegrove v. Horton

New York Court of Chancery

Decided October 28, 1844PublishedCited by 2 opinions

This was an appeal from ail order of the surrogate of Putnam county, requiring the appellants to give security for the faithful discharge of their trust, as executors of the estate of J. Colegrove, deceased.

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This was an appeal from ail order of the surrogate of Putnam county, requiring the appellants to give security for the faithful discharge of their trust, as executors of the estate of J. Colegrove, deceased. The respondent was a creditor of the testator; and as such, presented a petition to the surrogate, stating, among other things, that by the will of the decedent, who died in-December 1841, seized and possessed of considerable real and personal estate, the appellants were appointed his executors; that they were by such will authorized to sell all the real and personal estate of the…

1Opinion of the Court

The Chancellor.

The surrogate was clearly wrong, in requiring the executors to prove their responsibility, before it was proved or admitted that there was any estate or property in their hands to be administered, or any thing alleged or proved on the part of the applicant, to raise a doubt as to their responsibility. Where a person interested in the estate of the decedent, seeks to obtain security from the executors, to whom probate of the will has been granted, it is not sufficient for him, in his petition to the surrogate, to state generally, in the language of the revised statutes, that,…

2Cited by2 opinions

  1. White v. SpauldingMichigan Supreme Court · 1883
  2. Cotterell v. BrockNew York Surrogate's Court · 1850

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