In Re Proving the Will of Bergdorf
New York Court of Appeals
Appeal from an. order'of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1912, which reversed an order of the New York County Surrogate’s Court denying the petition of the respondent herein for the issue to it of letters testamentary as one of the executors named in the will of Herman Bergdorf, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an. order'of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1912, which reversed an order of the New York County Surrogate’s Court denying the petition of the respondent herein for the issue to it of letters testamentary as one of the executors named in the will of Herman Bergdorf, deceased. The facts, so far as material, are stated in the opinion. The language used in the will does not nominate the respondent as an executor and trustee. (Thurber v. Chambers, 66 N. Y. 42; Matter of Wells, 113 N. Y. 396; Patchen v. Patchen, 121 N. Y.…
1Opinion of the CourtCollin, J.
The Surrogate’s Court of the county of New York denied the application of the Guaranty Trust Company that letters testamentary under the will of Herman Bergdorf be issued to it. The Appellate Division reversed the order of the Surrogate’s Court and granted the application. The facts involved are not in dispute.
Herman Bergdorf died January 11, 1911. The will was dated November 2,1904, and was probated February 28, 1911. It by elaborate provisions disposed of real and personal estate of a value exceeding $100,000, and its seventh paragraph was as follows: “ I hereby nominate and appoint as…
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