In re Doscher
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry Doscher and others, as executors, etc., from a decree of the Surrogate’s Court of the county of Kings, entered in the offi.ce of said Surrogate’s Court on the 3d day of July, 1914, revoking the letters testamentary heretofore issued to the appellants.
1Opinion of the Court
Jenks, P. J.:
As we read the record, the learned surrogate felt constrained to revocation by the isolated fact that the executors had paid out of the estate funds for legal services rendered in the administration of the estate. The surrogate found that such payments were made for legal services necessarily rendered for the administration of the estate; there is no finding that the amount thereof was excessive, and his opinion indicates that when the payments were made there was in the treasury of the estate thrice the sum of such payments standing to the credit of the individuals personally…
2Cases cited10 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Ayers v. . LawrenceNew York Court of Appeals · 1874
- Dodd v. . AndersonNew York Court of Appeals · 1910
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3Cited by1 opinion
- In re the Estate of ShenkNew York Surrogate's Court · 1925