Ballard v. Charlesworth
New York Surrogate's Court
Objections to the issuing of letters testamentary to Samuel Oharlesworth, named as executor in decedent’s will; filed by Truman A. Ballard and another, legatees therein mentioned. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The only ground upon which ohjec-. *502tions to the issuing of letters testamentary to the executor named in the will are based, is that his financial condition is so precarious that the estate would be unsafe in his hands. There is no imputation resting upon his integrity,» and no pretence but that he is honest and competent to manage the large estate which the testator saw fit to entrust to his charge. •
The aggregate property of deceased is- about twelve thousand dollars, while the executor is worth only about six thousand dollars, and from this the two legatees who have filed…
2Cases cited2 opinions
- Shields v. ShieldsNew York Supreme Court · 1870
- Mandeville v. MandevilleNew York Court of Chancery · 1840