Robertson v. McGeoch
New York Court of Chancery
This Was Un áppé'ál; froth the sentence and order of the surrogate of the county of Washington, directing that letters testamentary be granted to W. McGeoch, one of the executors named in the will of E. Cook, 'deceased.
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This Was Un áppé'ál; froth the sentence and order of the surrogate of the county of Washington, directing that letters testamentary be granted to W. McGeoch, one of the executors named in the will of E. Cook, 'deceased. The respondent and J. Dobbin were naméd by the testator as his executors, and the appellant was one of his lesidtiary legatees: On the 4th of October, 1843, both of the exé'cutors signed a rehunciation of their right to letters testamentary, which renunciation was proved by the oath of a subscribing witness to the same; and it was left with the surrogate to be filed and…
1Opinion of the Court
The Chancellor.
It does not appear in this case, except by inference, that there were any other residuary legatees of the testator; or that any person, who had any interest in the question arisipg pn this appeal, appeared before the surrogate. The objection for \yant of proper parties to the appeal is not therefore well taken. And if the renunciation of the executor was peremptory, and could not be revoked, by permission of the sur*642rogate, before any action had taken place, founded upon such renunciation, which had altered the rights of the parties; the objection filed on the 28th of February,…
2Cited by10 opinions
- Burritt v. . SillimanNew York Court of Appeals · 1855
- In Re the Accounting of KelloggNew York Court of Appeals · 1915
- Beekman v. PeopleNew York Supreme Court · 1858
- Gorner v. TrueCalifornia Supreme Court · 1898
- In re Proving the Last Will & Testament of DunhamAppellate Division of the Supreme Court of the State of New York · 1914
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