Hartnett v. . Wandell
New York Court of Appeals
On June 10, 1873, Andrew Alexander made, and published his last will and testament. By that will, after providing for the payment of his debts, he gave all his property to his wife, Mary E. Alexander. The last clause of the will is as follows: “ Lastly, I hereby nominate and appoint my said wife the executrix of this my will, hereby revoking all former wills by me made, and request that such male friend as she may desire shall be appointed with her as co-executor.”
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On June 10, 1873, Andrew Alexander made, and published his last will and testament. By that will, after providing for the payment of his debts, he gave all his property to his wife, Mary E. Alexander. The last clause of the will is as follows: “ Lastly, I hereby nominate and appoint my said wife the executrix of this my will, hereby revoking all former wills by me made, and request that such male friend as she may desire shall be appointed with her as co-executor.” The will was duly proved before Peter A. Rogers, surrogate of Albany county, and letters testamentary thereon were issued to Mary…
1Opinion of the Court
The sole question presented upon this appeal is as to the right of the appellant, in the absence of any objection to his personal fitness and qualifications, to receive from the surrogate of Albany county, letters testamentary as a co-executor with Mrs. Alexander, of the last will and testament of her husband, Andrew Alexander, deceased.
The right and power of a testator to provide for the due execution of his will, and the administration of his estate by a person not designated by name — that is literally "named" by him — is the important question. Those who controvert the power of a testator…
2Cases cited4 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Carpenter v. CameronSupreme Court of Pennsylvania · 1838
- Bayeaux v. BayeauxNew York Court of Chancery · 1840
- Gale v. ThompsonSupreme Court of Louisiana · 1842
3Cited by56 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
- In Re the Estate of DonnerNew York Court of Appeals · 1993
- Dodd v. . AndersonNew York Court of Appeals · 1910
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
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