In re Avery's Estate
New York Surrogate's Court
In the Matter of the Application for Revocation of letters testamentary issued to the American Security & Trust Company on the will of Andrew J. Avery. Letters revoked. Andrew J. Avery died, leaving a last will, which was admitted to probate in September, 1902, and letters testamentary were thereupon issued to the American Security & Trust Company (hereinafter called the “Trust Company”), of Washington, D. C„ the executor named in said will.
Read the full summary
In the Matter of the Application for Revocation of letters testamentary issued to the American Security & Trust Company on the will of Andrew J. Avery. Letters revoked. Andrew J. Avery died, leaving a last will, which was admitted to probate in September, 1902, and letters testamentary were thereupon issued to the American Security & Trust Company (hereinafter called the “Trust Company”), of Washington, D. C„ the executor named in said will. The petitioners in this proceeding are the widow and the children of the deceased, who are his only heirs at law and next of kin, and upon the probate of…
1Opinion of the Court
WOODBURY, S.
The grounds upon which the revocation of letters is sought are that at the time such letters were issued the trust company was disqualified from accepting the appointment as executor under the will of the deceased, or from acting as such executor, and that the court was without authority to issue such letters to it, and that the objection was not taken upon the hearing of the application for the issuing of such letters by the petitioners, or any of them, or any one representing them, and that said trust company is now disqualified by law from exercising the powers of executor over…
2Cases cited33 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Blake v. McClungSupreme Court of the United States · 1898
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Blood v. . KaneNew York Court of Appeals · 1892
28 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Attorney General ex rel. Union Trust Co. v. First National BankMichigan Supreme Court · 1916
- Farmers' Loan & Trust Co. v. Security Trust Co.Indiana Court of Appeals · 1923
- McGill v. Bankers' Trust Co.Nevada Supreme Court · 1929
- Thatcher Estate, Pennsylvania Court of Common Pleas, Alleghany County1969