Legal Opinion

In re Bernstein

New York Surrogate's Court

Decided February 15, 1877PublishedCited by 3 opinions

This was an application for the release and discharge of Israel J. Solomon as executor named in the will of the testator.

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This was an application for the release and discharge of Israel J. Solomon as executor named in the will of the testator. The petition set forth that the testator died July 1st, 1874; that July 25th, in the same year, his will was admitted to probate, and letters testamentary were granted to Isaac Bernstein, Henry Goldsmith, and the petitioner, all of whom qualified; that the testator left real and personal estate; that the appraised value of the personalty was $19,000.33, and an inventory was filed thereof; that petitioner had not possession or control of any part of the property, but the…

1Opinion of the Court

The Surrogate.

An examination of the will shows indisputably that the petitioner, with the other executors, is made a trustee as well as executor.

• The counsel opposing the revocation of the letters, and the discharge of the petitioner, objects to the jurisdiction of this court, and claims that the power resides exclusively in the Supreme Court, especially because a new trustee must be appointed in his stead.

■ Prior to the statute of 18*70, it is clear, on well settled authority, that the surrogate had no such power. By section 69 of 1 Rev. Stat. 680, the court of chancery is invested with…

2Cases cited3 opinions

  1. Leggett v. . HunterNew York Court of Appeals · 1859
  2. Quackenboss v. . SouthwickNew York Court of Appeals · 1869
  3. Leggett v. HunterNew York Supreme Court · 1857

3Cited by3 opinions

  1. Striker v. DalyAppellate Division of the Supreme Court of the State of New York · 1916
  2. Austin v. AustinNebraska Supreme Court · 1885
  3. Striker v. DalyNew York Surrogate's Court · 1916

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