Emerson v. . Bowers

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The question in this case depends upon the proper construction to be given to that provision of the Revised Statutes by which the surrogate is authorized, under certain circumstances, to supersede letters testamentary issued to an executor appointed by the will of a testator. (2 R.S., 72, §§ 18-21.) These sections authorize any person interested in the estate to make complaint "that the person so appointed executor has become incompetent by law to serve as such,…