In re Adler's Estate
New York Supreme Court
Appeal from surrogate’s court, New York county. Application by Caroline Schwab, as executrix, etc., of the will of Solomon Adler, deceased, from an order denying her application for an order requiring her co-executors, I. Richard Adler and Leon N. Adler, to show cause why the surrogate should not give direction respecting the custody of money or other property belonging to the estate, and for other relief. The application was denied, and petitioner appeals. Code Civil Proc.
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Appeal from surrogate’s court, New York county. Application by Caroline Schwab, as executrix, etc., of the will of Solomon Adler, deceased, from an order denying her application for an order requiring her co-executors, I. Richard Adler and Leon N. Adler, to show cause why the surrogate should not give direction respecting the custody of money or other property belonging to the estate, and for other relief. The application was denied, and petitioner appeals. Code Civil Proc. N. Y. § 2602, provides .as follows: “ Where two or more co-executors or co-administrators disagree respecting the…
1Opinion of the CourtBarrett, J.
We think that the learned surrogate wisely exercised the discretion conferred upon iiim by section 2602 of the Code of Civil Procedure in denying this application. It is quite evident that the funds of the estate are not in jeopardy, and that no practical good would be accomplished by subjecting them to the additional control of the appellant. The papers show a lack of harmony between the appellant and her co-executors, but nothing whatever to justify any apprehension of mismanagement, misappropriation, or danger to the estate. The appellant seems to think that the order applied for was…
2Cases cited3 opinions
- In Re the Final Accounting of SelleckNew York Court of Appeals · 1888
- Burt v. . BurtNew York Court of Appeals · 1869
- Hanover Fire Ins. Co. v. . TomlinsonNew York Court of Appeals · 1874
3Cited by13 opinions
- In Re Proving the Will of StaigerNew York Court of Appeals · 1928
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Eisner v. EisnerAppellate Division of the Supreme Court of the State of New York · 1896
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Probate of the Last Will & Testament of PowellAppellate Division of the Supreme Court of the State of New York · 1910
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