Eisner v. Eisner
Appellate Division of the Supreme Court of the State of New York
Appeal by Julius H. Eisner and Jacob Sterii, two of the executors and trustees under the last will and testament of Eliza Eisner, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 30th day of January, 1896, denying their motion to remove Mark H. Eisner from his office of executor and trustee under the last will and testament of Eliza Eisner, deceased, and also from an order of the Surrogate’s Court of the…
Read the full summary
Appeal by Julius H. Eisner and Jacob Sterii, two of the executors and trustees under the last will and testament of Eliza Eisner, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 30th day of January, 1896, denying their motion to remove Mark H. Eisner from his office of executor and trustee under the last will and testament of Eliza Eisner, deceased, and also from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 30th day of January, 1896, granting the application of Mark H.…
1Opinion of the Court
Barrett, J.:
Upon a careful examination of the record we see no reason to disturb the decision of the learned surrogate declining to remove Mark H. Eisner from his position as executor and trustee under the will of the decedent, Eliza Eisner. There was a sharp conflict in the affidavits presented to the surrogate upon the question of the fitness *564of the respondent to serve. In view of the violence of the attack .upon him, it is remarkable that no such motion has ever been made before, although the decedent’s will was probated in 1885. Nor was the present motion made until the respondent…
2Cases cited1 opinion
- In re Adler's EstateNew York Supreme Court · 1891
3Cited by7 opinions
- In Re Proving the Will of StaigerNew York Court of Appeals · 1928
- In re the Probate of the Last Will & Testament of PowellAppellate Division of the Supreme Court of the State of New York · 1910
- Robinson v. HoaglandAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of StubingNew York Surrogate's Court · 1965
- Estate of Barrett, Superior Court of California, County of San Francisco1899
2 more not listed; retrieve them via the Exa API.