In re the Estate of Kennedy

Wingate, S.

The present application to compel the filing of a bond by an executrix who has qualified and has for some time been acting under a will expressly stipulating that no security be required of her, runs counter to the familiar principle that “ the courts will not undertake to make a better will nor name a better executor for the testator.” (Matter of Leland, 219 N. Y. 387, 393.) As is said in Matter of Bergdorf (206 N. Y. 309, 312): “ The intent of a testator as to how, when and by whom his estate shall be conserved, paid out and distributed will be, if needs be, strenuously searched…