Legal Opinion
In re the Estate of Cullen
New York Surrogate's Court
Decided May 10, 1937PublishedCited by 2 opinions
1Opinion of the Court
Delehanty, S.
The authentic will of deceased was executed on June 20, 1935. It was admitted to probate on December 21, 1936. It names as her executors the attorney who drew the will and the respondent in this proceeding. Letters testamentary have issued to the attorney who has qualified and is now acting as executor. The issuance of letters to respondent was deferred because of objection made thereto by the residuary legatee who asserts that respondent is not competent to serve as an executor for reasons based on subdivision 5 of section 94 of the Surrogate’s Court Act. That is the issue here…
2Cases cited8 opinions
- Stannard v. . HubbellNew York Court of Appeals · 1890
- World Exchange Bank v. Commercial Casualty InsuranceNew York Court of Appeals · 1930
- In Re Proving the Will of FloodNew York Court of Appeals · 1923
- In re the Estate of KirkholderAppellate Division of the Supreme Court of the State of New York · 1916
- McGregor v. McGregorNew York Court of Appeals · 1864
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3Cited by2 opinions
- United States v. SillimanCourt of Appeals for the Third Circuit · 1948
- People v. Reinforced Paper Bottle Corp.New York Supreme Court · 1941