In re the Estate Cady
New York Court of Appeals
Appeal from a judgment of the general term of the supreme court affirming a decree of the surrogate’s court refusing letters testamentary. The facts and opinion of the general term are as follows: ' “ Appeal from a decree of the surrogate of Tompkins-county, refusing letters testamentary to Charles Cady as executor of Elias W. Cady, deceased, and also removing-him from the position of testamentary trustee under the-said last will and testament of said Elias W. Cady.
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Appeal from a judgment of the general term of the supreme court affirming a decree of the surrogate’s court refusing letters testamentary. The facts and opinion of the general term are as follows: ' “ Appeal from a decree of the surrogate of Tompkins-county, refusing letters testamentary to Charles Cady as executor of Elias W. Cady, deceased, and also removing-him from the position of testamentary trustee under the-said last will and testament of said Elias W. Cady. Elias W. Cady died in the spring of 1883, leaving a last will and testament, executed in 1854, in and by which he-devised the…
1Opinion of the CourtHardin, P. J.
Section 3 of the Revised Statutes, as amended by chapter 79 of the Laws of 1873, provides as follows, viz.: “ No person shall be deemed competent to serve as an executor, who at the time the will is proved * * * upon proof, shall be adjudged by the surrogate to be incompetent to execute the duties of such trust by reason of drunkenness, dishonesty, improvidence or want of *223understanding.” 3 R. S. (7th ed.) 2289. Section 2686 of the Code provides that, after the proof of a will, letters testamentary shall be issued to the person or persons named in the will unless a person interested, or a…
2Cases cited6 opinions
- Emerson v. . BowersNew York Court of Appeals · 1856
- Coope v. LowerreNew York Court of Chancery · 1845
- In re RooseveltNew York Surrogate's Court · 1882
- McMahon v. . HarrisonNew York Court of Appeals · 1852
- Wood v. WoodNew York Court of Chancery · 1834
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