In re the Probate of the Last Will & Testament of Coudert
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles Dupont Coudert, as executor, etc., from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of October, 1912, denying an application for the issuance of letters testamentary.
1Opinion of the Court
Clarke, J.:
Charles Coudert died July 13, 1897, leaving a last will and testament which was duly admitted to probate in the county • of New York on January 7, 1898. The 5th paragraph of the will provided as follows: “ I nominate, constitute and appoint my brother Frederick E. Coudert, to be executor of this my will. In case of his death, resignation or failure to act as executor for any cause, I appoint my brother-in-law George G. Guión to be executor and in case of his failure to act, I appoint my son Charles Dupont Coudert to be executor of this my will.”
*197Letters testamentary were duly issued…
2Cases cited1 opinion
- Hartnett v. . WandellNew York Court of Appeals · 1875
3Cited by5 opinions
- In re the Estate of ZalaznickNew York Surrogate's Court · 1973
- In re the Estate of KruesiNew York Surrogate's Court · 1960
- In re the Estate of BurdickNew York Surrogate's Court · 1968
- In re the Estate of StavinNew York Surrogate's Court · 1976
- In re the Probate of the Will of DrubinNew York Surrogate's Court · 1961