Mandeville v. Mandeville
New York Court of Chancery
This was an appeal from a decision of the surrogate of Cayuga county, requiring the appellant, as the executor of his father’s estate, to give security for the performance of his trust. The testator made his will, in 1836, and thereby authorized and directed his executors, as soon as practicable after his decease, to sell his real estate ; but not to allow a credit on such sale for more than five years, and to rent the property until a sale could be effected.
Read the full summary
This was an appeal from a decision of the surrogate of Cayuga county, requiring the appellant, as the executor of his father’s estate, to give security for the performance of his trust. The testator made his will, in 1836, and thereby authorized and directed his executors, as soon as practicable after his decease, to sell his real estate ; but not to allow a credit on such sale for more than five years, and to rent the property until a sale could be effected. He then directed the proceeds of such sale and of his personal estate, after paying debts, &c. to be distributed among his four sons…
1Opinion of the Court
The Chancellor.
I think the surrogate erred in this case, in supposing that the circumstances of the appellant were so precarious as not to afford adequate security for his due administration of the estate of the decedent; according to the true construction of the provision of the revised statutes under which this proceeding was instituted. (2 R. S. 72, § 18.) It certainly could not have been the intention of the legislature, to prohibit the granting of letters testamentary to any executors except such as are possessed of property, of their own, to the full value of the estate which the…
2Cited by5 opinions
- Martin v. DukeNew York Surrogate's Court · 1882
- Walworth v. MilesSupreme Court of Arkansas · 1861
- Ballard v. CharlesworthNew York Surrogate's Court · 1881
- Bowling v. ScalesCourt of Appeals of Tennessee · 1874
- Kean v. ColtNew Jersey Court of Chancery · 1846