In re Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by William Paschal Langevin, as executor, etc., of Rose Hynes Rooney, deceased, from an order of the Surrogate’s Court of the county of Nassau, as resettled, entered in said Surrogate’s Court on the 16th day of March, 1912, overruling the appellant’s demurrer to the sufficiency of the petition herein.
1Opinion of the Court
Jenks, P. J.:
This is a special proceeding brought by Kelly as a beneficiary under the will of Eooney and as a party interested in Eooney’s estate, for revocation of letters to the executor and trustee for misconduct, waste and irresponsibility. The executor filed a “demurrer” and then as of course an answer. The appeal is from the order of the surrogate “overruling said Executor’s Demurrer to the sufficiency of the petition herein and further directing said Executor to file an intermediate account of his proceedings as such executor,” and from “each and every part of said order.” We are not…
2Cases cited2 opinions
- In Re the Estate of GilbertNew York Court of Appeals · 1887
- In re the State of KennedyAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- In re the Estate of AhrensAppellate Division of the Supreme Court of the State of New York · 1946
- In re the Accounting of Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1949
- In re the Accounting of PeltonAppellate Division of the Supreme Court of the State of New York · 1945
- In re the Estate of SobiloffAppellate Division of the Supreme Court of the State of New York · 1972
- In re the Estate of WeinbaumAppellate Division of the Supreme Court of the State of New York · 1965