McGregor v. McGregor
New York Court of Appeals
James McGregor died in February, 1853, leaving a will and codicil, the last dated 1844, by which three of his sons, -James, the respondent; Duncan, the appellant; and Gregor, were named executors. Gregor died before probate of the will. The probate was contested before the surrogate, and a long litigation ensued, during which, James, the respondent, who was born and had always resided in this State, removed to and became a resident of the State of Iowa.
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James McGregor died in February, 1853, leaving a will and codicil, the last dated 1844, by which three of his sons, -James, the respondent; Duncan, the appellant; and Gregor, were named executors. Gregor died before probate of the will. The probate was contested before the surrogate, and a long litigation ensued, during which, James, the respondent, who was born and had always resided in this State, removed to and became a resident of the State of Iowa. Afterward, in the year 1861, he applied to the proper surrogate in this State, for letters testamentary to be issued to him. Duncan McGregor…
1Opinion of the CourtT. A. Johnson, J.
The first fourteen pages of the points submitted by the appellant’s counsel are devoted to an argument to establish the proposition that the respondent, by reason of non-residence in this State, and his residence in another State within the United States, is an alien, and so incompetent to serve as an executor by statute. This proposition is so obviously erroneous and untenable, that little, if anything more than a bare statement of it, is necessary to its refutation. Our statute, amongst other persons declared to be incompetent to serve as executors, specifies, “ an alien residing out of…
2Cases cited2 opinions
- Lemmon v. . People.New York Court of Appeals · 1860
- Ludlam v. . LudlamNew York Court of Appeals · 1863
3Cited by2 opinions
- Hayward v. PeaceNew York Surrogate's Court · 1886
- In re Estate of PlaceNew York Surrogate's Court · 1886