Legal Opinion

In re the Probate of the Will of Foss

Appellate Division of the Supreme Court of the State of New York

Decided October 27, 1953PublishedCited by 31 opinions

1Opinion of the CourtBreitel, J.

Objectants, legatees under a will, appeal. Their objections to the issuance of letters testamentary to a coexecutor named in the will were dismissed without the taking of proof. The basis for the objections is the existence of a diversity or conflict of interest between the coexecutor in his representative and in his individual capacities.

The facts, for purposes of this appeal, are not in dispute.

Testator for many years was employed by a book publishing corporation. Upon his retirement in 1944 he was its president. When he retired the corporation agreed to pay him a retirement “ salary ” of…

2Cases cited6 opinions

  1. In Re Proving the Will of LelandNew York Court of Appeals · 1916
  2. In Re Proving the Will of FloodNew York Court of Appeals · 1923
  3. In re Proving the Last Will & Testament of LathamAppellate Division of the Supreme Court of the State of New York · 1911
  4. In re the Estate of ForteNew York Surrogate's Court · 1933
  5. In Re the Probate of the Will of CohenNew York Court of Appeals · 1938

1 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. In re the Estate of MarshAppellate Division of the Supreme Court of the State of New York · 1992
  2. Jarmin v. Shriners Hospitals for Crippled ChildrenNorth Dakota Supreme Court · 1990
  3. In re the Accounting of KelloggNew York Supreme Court · 1962
  4. In re the Estate of ShawAppellate Division of the Supreme Court of the State of New York · 1992
  5. In re the Estate of JuelichAppellate Division of the Supreme Court of the State of New York · 1981

26 more not listed; retrieve them via the Exa API.

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