In re the Probate of the Last Will of Hancock
New York Supreme Court
Appeal from an order or decree made by the surrogate of Rock-land connty, vacating, setting aside and declaring null and void a decree made by the late A. Edward Suffern, November 10, 1879, while surrogate of the said county, admitting the will of the late John Hancock to probate. The decree of the surrogate had, prior to the making of this application, been affirmed by the Supreme Court and the Court of Appeals.
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Appeal from an order or decree made by the surrogate of Rock-land connty, vacating, setting aside and declaring null and void a decree made by the late A. Edward Suffern, November 10, 1879, while surrogate of the said county, admitting the will of the late John Hancock to probate. The decree of the surrogate had, prior to the making of this application, been affirmed by the Supreme Court and the Court of Appeals. The opinion of the Supreme Court at General Term is reported in 22 Hun, 39 {sub. nom. Swenarton v. Hancock).
1Opinion of the Court
Dykman, J.:
After this cause had traveled on an appeal from the Surrogate’s Court through the Supreme Court and the Court of Appeals, it was discovered that the surrogate who adjudicated the validity of the will and the invalidity of the codicils was a debtor to the estate of the testator in a very large amount.
The indebtedness arose in this wise. At the commencement of the litigation over the will, the securities and evidences of debt of the testator went into the hands of the surrogate, and he wrongfully reduced many of them to money which he appropriated to his individual use.
On the…
2Cases cited5 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Edwards v. RussellNew York Supreme Court · 1839
- In Re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co.New York Court of Appeals · 1879
- Converse v. McArthurNew York Supreme Court · 1854
- Chambers v. ClearwaterNew York Court of Appeals · 1864