Matter of Clark
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made May-14, 1901, which reversed two orders of the Rensselaer Oounty Surrogate’s Court, one removing the respondent as executor and trustee under the will of Philip S. Dorlon, deceased, and the other refusing confirmation of the referee’s report herein, and confirmed the report of such referee. The facts, so far as material, are stated in" the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made May-14, 1901, which reversed two orders of the Rensselaer Oounty Surrogate’s Court, one removing the respondent as executor and trustee under the will of Philip S. Dorlon, deceased, and the other refusing confirmation of the referee’s report herein, and confirmed the report of such referee. The facts, so far as material, are stated in" the opinion. The order of the Appellate Division reversing the orders of the surrogate herein is erroneous and should be reversed. (Code Civ. Pro. §§…
1Opinion of the CourtMartin, J.
The respondent was one\)f the executors-and trustees under the will of Philip S. Dorlon, who died in May, 1886, leaving an estate amounting to more than two hundred thousand dollars. The respondent’s brother, Elias G. Dorlon, a co-executor and trustee, had the active management of the .estate until1 his death, which occurred February 15, 1899. Shortly afterwards this proceeding was instituted by Mary H. Clark for the removal of the respondent as- such executor and trustee. On September 19, 1899, the issues raised by the petition and answer herein were referred to a referee to take proof…
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