In re Donlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, George T. Donlin, as trustee, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 27th day of July, 1916, denying his motion to discontinue this proceeding, and also from a decree entered in the office of- the clerk of said court on the 27th day of July, 1916, construing the will herein.
1Opinion of the Court
Laughlin, J.:
The testator, Denis Shea, died on the 13th day of December, 1897, leaving a last will and testament, which was duly admitted to probate on the 28th day of December, 1897, and letters testamentary were duly issued to his widow, Catherine Shea, and to his son, John J. Shea, and his counsin, John B. Shea, named in the will as executrix and executors, and they also became trustees under the will. On the 12th day of November, 1907, on account of the death of the two executors, Catherine Shea was acting as sole executrix and trustee, and on her appplication on that day the petitioner…
2Cases cited3 opinions
- Rogers v. . RogersNew York Court of Appeals · 1888
- In Re the Accounting of WilkinNew York Court of Appeals · 1905
- Smith v. FloydAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by9 opinions
- In re WhiteNew York Surrogate's Court · 1929
- In Re Estate of BoutwellSupreme Court of Vermont · 1941
- Jandorf v. SmithAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Estate of BrownNew York Surrogate's Court · 1935
- In re the Accounting of BlochNew York Surrogate's Court · 1949
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