In re Wood's Estate
New York Surrogate's Court
Proceedings by Joseph S. Wood to revoke letters of administration c. t. a. of Samuel Wood, deceased, issued to Jennie E. Wood, and that same be issued to applicant, on the ground that he was named as a legatee in the will, but that she was not expressly named as a legatee, although she took an interest under the will.
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Proceedings by Joseph S. Wood to revoke letters of administration c. t. a. of Samuel Wood, deceased, issued to Jennie E. Wood, and that same be issued to applicant, on the ground that he was named as a legatee in the will, but that she was not expressly named as a legatee, although she took an interest under the will. Both parties claimed under subdivision 1 of paragraph 2 of the will, which was as follows: “I hereby direct and require my executors to set apart out of my estate * * $15,000, to pay the income thereof semi-annually to my cousin Stephen Wood, during his natural life, and, after…
1Opinion of the Court
Ransom, S.
Application to revoke letters of administration c. t. a. upon the ground that petitioner has a right to> the letters prior to that of'the respondent, and that they were issued to the latter without notice to the former. The question is, has petitioner such prior right ? Section 14, pt. 2, ch. 6, tit. 2, art. 1, 3 Rev. Stat. (6th ed.) p. 74, for which section 2643 of the Code of Civil Procedure was substituted, provided for the issuance of letters of administration c. t. a. first to legatees, “then to the widow and next of kin of the testator, or to any creditor of the testator, in…
2Cases cited2 opinions
- In re the Estate of ThompsonNew York Supreme Court · 1861
- In re WoodNew York Surrogate's Court · 1886
3Cited by2 opinions
- In re Estate of TreadwellNew York Surrogate's Court · 1902
- In re Wood's EstateNew York Supreme Court · 1893