Legal Opinion
In re to Revoke the Letters Testamentary of Engel
New York Surrogate's Court
Decided November 15, 1911PublishedCited by 3 opinions
Application to revoke letters testamentary.
1Opinion of the Court
Ketcham, S.
In this proceeding, brought by three executors for the removal of the fourth, the petitioners insist that, if the surrogate shall find that the respondent’s conduct has been such as to bring her within the reprobation of either subdivision 1 or 2 of section 2685 of the Code of Civil Procedure, it is not within the discretion of the court to withhold its order of removal.
They cite section 2687 of the Code, as follows: “ * * *. If the objections [made in accordance with § 2685], or any *441of them, are established to the surrogate’s satisfaction, he must make a decree, revoking the…
2Cases cited3 opinions
- Elias v. SchweyerAppellate Division of the Supreme Court of the State of New York · 1897
- In Re the Estate of MonroeNew York Court of Appeals · 1894
- In re Seymour's EstateNew York Supreme Court · 1891
3Cited by3 opinions
- In re the Judicial Settlement of the Account of Proceedings of RosenbergAppellate Division of the Supreme Court of the State of New York · 1925
- In re Revoke the Letters Testamentary of EngelAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Application to Revoke the Letters Testamentary of EngelNew York Surrogate's Court · 1913