Legal Opinion

In re the Estate of MacElroy

New York Surrogate's Court

Decided November 7, 1968PublishedCited by 11 opinions

1Opinion of the Court

John D. Bennett, S.

The question to be decided is one of jurisdiction of the Surrogate’s Court. The parties to this accounting proceeding are the executors of two estates, both of which are being administered pursuant to letters testamentary granted by this court. The question comes up for decision on a motion to dismiss the proceeding as to the respondent-executors acting under the last will and testament of Guy B. Bacon.

Andrew J. MacElroy died July 15, 1963 owning 1,194 shares out of a total of 2,000, or a majority of the capital stock of a closely held corporation, the Acorn Publishing…

2Cases cited4 opinions

  1. Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
  2. The People v. . SturtevantNew York Court of Appeals · 1853
  3. Develin v. . CooperNew York Court of Appeals · 1881
  4. Matter of LeggatNew York Court of Appeals · 1900

3Cited by11 opinions

  1. In re the Estate of ChusidNew York Surrogate's Court · 1969
  2. In re the Estate of RothkoNew York Surrogate's Court · 1972
  3. In re Jacqueline F.New York Surrogate's Court · 1978
  4. In re the Estate of RungoNew York Surrogate's Court · 1973
  5. In re the Estate of FornasonNew York Surrogate's Court · 1976

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