In re Proving the Last Will & Testament of Latham
Appellate Division of the Supreme Court of the State of New York
Appeal by Harry Allen, one of the executors named in the will of John C. Latham, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 5th day of May, 1910, rendered upon the decision of the surrogate, refusing the issuance of letters testamentary to said Harry Allen..
1Opinion of the Court
Scott, J.:
This is an appeal by Harry Allen, one of the persons named as executors in .the will of John 0- Latham, deceased, from an order of the Surrogate’s Court in the county of New York, refusing to issue letters testamentary to the said appellant on the declared ground that he “is incompetent by reason of dishonesty to execute the duties of his trust as such .executor.” The objections to his appointment were made by Elsie G-. Latham, the residuary legatee under said will, and are based upon a charge that after the death of said John C. Latham and the consequent dissolution of the firm of…
2Cases cited3 opinions
- Morgan v. . SchuylerNew York Court of Appeals · 1880
- McGregor v. McGregorNew York Court of Appeals · 1864
- Read v. MackayNew York Supreme Court · 1905
3Cited by20 opinions
- In Re Proving the Will of FloodNew York Court of Appeals · 1923
- In re the Probate of the Will of FossAppellate Division of the Supreme Court of the State of New York · 1953
- In re the Estate of CanterNew York Surrogate's Court · 1933
- In re the Estate of LesermanNew York Surrogate's Court · 1932
- In re the Revocation of Letters Testamentary Issued to JungAppellate Division of the Supreme Court of the State of New York · 1923
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