In re Proving the Last Will & Testament of Leland
Appellate Division of the Supreme Court of the State of New York
Appeal by Louis F. Leland from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 27th day of July, 1916, denying his motion for the examination of the respondent before the trial or hearing on the objections filed relating to the qualifications of the petitioner to act as executor of the last will and testament of Francis L. Leland, deceased.
1Opinion of the Court
Laughlin, J.:
Prior to the hearing on the objections challenging the qualifications of the executor filed by the appellant and others, legatees under the will of the testator, the appellant applied to the Surrogate’s Court for an order for the examination of the executor on the issues presented by the objections with respect to his competency for the appointment for want of understanding, which is one of the grounds of incompetency specified in subdivision 5 of section 2564 of the Code of Civil Procedure. One of the questions sought to he presented for decision is whether the provisions of…
2Cases cited1 opinion
- In re the Estate of LelandNew York Surrogate's Court · 1916
3Cited by1 opinion
- In re the Estate of SwahnNew York Surrogate's Court · 1936