Legal Opinion

Matter of the Estate of William Ashmore

New York Surrogate's Court

Decided September 15, 1905PublishedCited by 4 opinions

'This is an application by one of the heirs-at-law and next of kin of William Ashmore, deceased, for a decree, revoking the letters of temporary administration heretofore issued herein to John E. Richardson and Rachel Ashmore.

1Opinion of the Court

The applicants base their contention on two grounds:

1. That the surrogate had no jurisdiction to appoint a temporary administrator in view of the fact, which is conceded, that no notice of the application for s'aid appointment was given to the heirs-at-law and next of kin of the deceased.

2. That the temporary’ administrators are disqualified by law *131from acting in said capacity for the reason that both of them are interested in the estate, both being legatees named in the-will; that Mr. Richardson is the scrivener of the will, is the executor named therein, and in the pending contest…

2Cases cited3 opinions

  1. Crandall v. ShawNew York Surrogate's Court · 1874
  2. In re the Probate of the Will of HiltonNew York Surrogate's Court · 1899
  3. In re Grant's EstateNew York Surrogate's Court · 1897

3Cited by4 opinions

  1. In re the Estate of ErlangerNew York Surrogate's Court · 1930
  2. In re the Probate of the Last Will & Testament of EggswareNew York Surrogate's Court · 1924
  3. In re the Probate of the Will of MottekNew York Surrogate's Court · 1957
  4. In re the Estate of CraigNew York Surrogate's Court · 1957

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