Spencer v. Popham
New York Surrogate's Court
Petition of Lorraine Spencer, a legatee under the will of George L. Spencer, deceased, to compel Sarah H. Popham, executrix, etc., of William H. Popham, deceased executor, etc., of the first named decedent, to account, etc., under Code Civ. Pro., § 2606. The petitioner was a legatee under the will of George L. Spencer, deceased. Popham, the executor of Spencer, was dead, having left a will, of which Sarah H. Popham was executrix.
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Petition of Lorraine Spencer, a legatee under the will of George L. Spencer, deceased, to compel Sarah H. Popham, executrix, etc., of William H. Popham, deceased executor, etc., of the first named decedent, to account, etc., under Code Civ. Pro., § 2606. The petitioner was a legatee under the will of George L. Spencer, deceased. Popham, the executor of Spencer, was dead, having left a will, of which Sarah H. Popham was executrix. Recently, Catharine S. Hall, having been appointed administratrix with the will annexed of Spencer, and also trustee to execute certain trusts contained therein,…
1Opinion of the Court
The Surrogate.
I do not deem the first objection well taken. Section 2606 of the Code, under which this proceeding is instituted, provides that the Surrogate’s court, upon the petition of a successor of a deceased executor, or of a surviving executor, or of a creditor or person interested in the estate, has power to compel the executor to account, etc. The objection is that an accounting having been had, on the application of one of the several classes on whom the right to make such application is conferred, precludes its being done by any of the others. It will be seen, by glancing at 2 R.…
2Cited by3 opinions
- In re the Estate of RanneyNew York Surrogate's Court · 1884
- In re FithianNew York Surrogate's Court · 1886
- Bunnell v. RanneyNew York Surrogate's Court · 1884