Harrison v. McMahon

The Surrogate.

The applicant is one of the sons and legatees of the testatrix. Mr. McMahon and wife, in her right as a daughter and legatee, object to the grant of letters, on the ground that the applicant is incompetent to execute the duties of the trust by reason of improvidence. (2 li. /S’., 3d ed., p. 139, § 33.) The section of the statute *284under which this objection is made, reads as follows : “ Mo letters of administration shall be granted to a person convicted of an infamous crime, nor to any one incapable by law of making a contract, nor to a person not a citizen of the United States,…