Matter of Andrews
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1908, which modified and affirmed as modified an order of Special Term combining and determining three separate special proceedings, removing a committee of the estate of Blanche L. Andrews, an incompetent person, appointing a successor to such committee, granting incidental relief and terminating two other special proceedings in which no hearing had been had.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1908, which modified and affirmed as modified an order of Special Term combining and determining three separate special proceedings, removing a committee of the estate of Blanche L. Andrews, an incompetent person, appointing a successor to such committee, granting incidental relief and terminating two other special proceedings in which no hearing had been had. In October, 1904, John Notman, John E. Boosevelt and Constant A. Andrews were appointed committee of the estate of…
1Opinion of the CourtWillard Bartlett, J.
From the foregoing statement of the facts of this case it is apparent that the court at Special Term, having three proceedings before it, none of which involved any application for a change in the personnel of the committee of the. estate, and while a special proceeding for that purpose was pending and undetermined (having been referred to a referee to take testimony therein), nevertheless assumed and exercised the power to remove the committee of the estate, substitute a stranger as committee, and by an order in totally distinct and separate proceedings to terminate the particular special…
2Cases cited3 opinions
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- Lamoree's CaseNew York Supreme Court · 1860
- Ward v. AngevineIndiana Supreme Court · 1874
3Cited by16 opinions
- Matter of RothmanNew York Court of Appeals · 1933
- Moore v. FlaggAppellate Division of the Supreme Court of the State of New York · 1910
- In re CienaNew York Court of Claims · 1958
- City Bank Farmers Trust Co. v. McGowanDistrict Court, W.D. New York · 1942
- Chaloner v. ShermanCourt of Appeals for the Second Circuit · 1914
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