Legal Opinion

In re Whitehead

New York Surrogate's Court

Decided December 15, 1884Published

Application by Margaret E. Whitehead, decedent’s widow, for the appointment of a successor to deceased testamentary trustees. The facts are stated in the opinion.

1Opinion of the Court

The Surrogate.

One of the trusts created by this testator’s will is still unexecuted, and the trustees whom he selected for its execution are dead. The Surrogate is now asked to appoint their successor, and to decide whether such successor should be required to give bonds for the faithful discharge of his duties.' If there were any statutory answer to this question, one would naturally expect to find it in § 2818 of the Code of Civil Procedure. That section authorizes the Surrogate, in the event of the death, lunacy, resigna*229tion or removal of a testamentary trustee, to appoint a successor. It…

2Cases cited3 opinions

  1. Milbank v. CraneNew York Supreme Court · 1863
  2. Tompkins v. MosemanNew York Surrogate's Court · 1881
  3. In re StuyvesantNew York Court of Chancery · 1839

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