Legal Opinion

In re the Estate of Cohen

New York Surrogate's Court

Decided August 19, 1937PublishedCited by 5 opinions

1Opinion of the Court

Wingate, S.

It is fortunately a rare occurrence that a testator experiences such wholesale misfortune in the identity of his nominated fiduciaries as is demonstrated in the present proceeding, in which the will named in this capacity the testator’s three sons, Morris, Isidore and Hyman. Objection has been interposed to the qualification of each. No denial has been made of the several allegations of unfitness in respect to them, wherefore the sole question for determination as to each is as to whether the stated facts come within the description of the “ incompetencies ” enumerated in section…

2Cases cited13 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Logan v. United StatesSupreme Court of the United States · 1892
  3. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  4. The AntelopeSupreme Court of the United States · 1825
  5. Psota v. Long Island R.R. Co.New York Court of Appeals · 1927

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3Cited by5 opinions

  1. In re the Probate of the Will of FossAppellate Division of the Supreme Court of the State of New York · 1953
  2. Panko v. Endicott Johnson CorporationDistrict Court, N.D. New York · 1938
  3. In re the Estate of ThompsonNew York Surrogate's Court · 1973
  4. In re the Estates of BerriosNew York Surrogate's Court · 1959
  5. In re the Probate of the Will of JohnsonNew York Surrogate's Court · 1952

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