Legal Opinion

In re the Estate of Hoagland

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1900Published

Appeal by .Henry P. Robinson, as executor, etc., of Isaac E. Hoagland, deceased, from an order-of the Surrogate’s Court of the county of Kings, made pursuant- to section 2602 of the Code of Civil Procedure, and entered in said Surrogate’s Court on the lOtli day of April, 1900, requiring him to make a deposit with, the Colonial Trust Company of moneys of the' estate held by the appellant to. the joint credit of the executors.'

1Opinion of the Court

Jenks, J.:

Robinson, an executor of Isaac E. Hoagland, appeals from an order of the surrogate of Kings county, made under section 2602 of the Code of- Civil Procedure, after hearing all parties, that he deposit in- the Colonial Trust Company $8,"000, money of the estate- of said Iloagland, to be subject to the joint order of' the three- executors. I think that the order of. the learned surrogate was a fail- exercise of his discretion, inasmuch as there was proof that all of the parties interested in-the estate and two of the executors were .of. like mind, and that grave doubts were expressed…

2Cases cited12 opinions

  1. Baldwin v. . BurrowsNew York Court of Appeals · 1872
  2. Whiton v. . SnyderNew York Court of Appeals · 1882
  3. Vroom v. Van HorneNew York Court of Chancery · 1844
  4. Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
  5. Valentine v. JacksonNew York Supreme Court · 1832

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