In re the Estate of Thompson
New York Supreme Court
THIS appeal is taken from an order of the surrogate of Hew York, appointing Edward G-. Thompson, jun. administrator with the will annexed of Abraham Q-. Thompson. The appeal is taken by Henry Hill, who claimed the right to administration as the residuary legatee under the will. Hill .has no personal interest in the estate, but is the trustee for a religious or charitable society, which with other societies, is entitled to the residue of the estate.
1Opinion of the Court
By the Court,
Ingraham, J.
It is very clear that the residuary legatees in interest are the charitable associations to whose use the residue of the testator’s estate is to be applied, and that the trustee has no personal interest therein. It is *335equally clear that the corporations or societies could not be the administrators of the estate. The question which the appellants raise here is, whether the trustee of a fund for the purpose of paying the same over to another is entitled to administration to the same extent as if he was the owner of the fund. We think not. The intent of the statute was…
2Cited by7 opinions
- In re Estate of TreadwellNew York Surrogate's Court · 1902
- In re Proving the Last Will & Testament of EsmondNew York Surrogate's Court · 1932
- In re Wood's EstateNew York Surrogate's Court · 1891
- In re CiottoAppellate Division of the Supreme Court of the State of New York · 1905
- In re RouxNew York Surrogate's Court · 1887
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