In re Pearsall
New York Supreme Court
Appeal from surrogate’s court, Sew York county. Thomas W. Pearsall filed a petition for the revocation of letters testamentary upon the estate of Samuel Wood, deceased, issued to Edward T. Schenck by the surrogate of Sew York county, on the ground that the same were issued on false suggestion of fact.
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Appeal from surrogate’s court, Sew York county. Thomas W. Pearsall filed a petition for the revocation of letters testamentary upon the estate of Samuel Wood, deceased, issued to Edward T. Schenck by the surrogate of Sew York county, on the ground that the same were issued on false suggestion of fact. The petitioner claimed as a vested remainder-man under a provision of the will giving a fund to Thomas Pearsall for life, to his heirs for the life of Lewis Pearsall, and at his death to the heirs of both said Lewis and Thomas; the petitioner being, as he alleged, a son of said Lewis. The answer…
1Opinion of the CourtVan Brunt, P. J.
In the determination of this appeal it is not at all necessary to consider this application upon the merits. Under section 2546 of the Code, the surrogate, in a special proceeding like the one at bar, is empowered to appoint a referee to take and report to -the surrogate the evidence upon any specific question of fact, and make a report thereon, subject, however, to the confirmation of the surrogate. This is all that the surrogate did upon the coming in of the appellant’s answer to the respondent’s petition in this proceeding. The appellant denied a material allegation of this petition, and…
2Cited by3 opinions
- In re the Goods of KippNew York Surrogate's Court · 1896
- In re PostNew York Supreme Court · 1892
- In re Lowenguth's EstateAppellate Division of the Supreme Court of the State of New York · 1906