Fosdick v. Delafield
New York Surrogate's Court
Tras was an application to revoke the letters testamentary granted to Lewis L. Delafield, on the will of Susan M. Parish. The petition was by Charles B. Fosdick, William H, Marvin, and Annie Frances Emmett, formerly Annie Frances Monson.
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Tras was an application to revoke the letters testamentary granted to Lewis L. Delafield, on the will of Susan M. Parish. The petition was by Charles B. Fosdick, William H, Marvin, and Annie Frances Emmett, formerly Annie Frances Monson. It alleged that about the 18th day of September, 1831, letters testamentary were issued to Henry Delafield, now deceased, who qualified and entered upon his duties as executor and continued so to act until his death, February 15th, 1875, when he was the sole executor of the estate; that he left a will which was admitted to probate March 1st, 1875, by which he…
1Opinion of the Court
The Surrogate.
By the literal terms of the will, the appointment of Lewis Delafield would appear to be dependent upon the decease of Joseph and Henry, occurring prior to the decease of the testatrix; whereas, the fact is that both of them survived her. I have examined with considerable interest and care the opinion of the late Surrogate upon this interesting question, and I should not presume to reconsider the question, were it *396not for the suggestion, made in that opinion, that the application was ez parte, and, in substance, was not to he regarded as final, but subject to review, upon a…
2Cases cited9 opinions
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Parks v. ParksNew York Court of Chancery · 1841
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
- Myers v. EddyNew York Supreme Court · 1866
- Jackson ex dem. Staats v. StaatsNew York Supreme Court · 1814
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Drexel v. BerneyNew York Surrogate's Court · 1883