In re the Estate of O'Brien
New York Surrogate's Court
This is an application by Ellen O’Brien, Francis O’Brien and Mary Kate O’Brien, three of the five children of William F. O’Brien, deceased, for the revocation of letters testamentary issued to Thomas O’Brien and Charles McCarthy, executors under the will of s'aid deceased. The application is resisted by the executors. The will was admitted to probate on the 15th day of August last, and said executors qualified and letters testamentary were duly issued to them.
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This is an application by Ellen O’Brien, Francis O’Brien and Mary Kate O’Brien, three of the five children of William F. O’Brien, deceased, for the revocation of letters testamentary issued to Thomas O’Brien and Charles McCarthy, executors under the will of s'aid deceased. The application is resisted by the executors. The will was admitted to probate on the 15th day of August last, and said executors qualified and letters testamentary were duly issued to them. This application was made September 25, 1891, upon the ground principally that the executors’ circumstances were such that they did…
1Opinion of the Court
Lansing, S.
I have carefully read the testimony produced before the referee, together with the briefs of counsel and the findings of the referee. I do not deem it necessary to enter into any extended examination of the facts in this case or of the law pertaining to applications of this character. Each case must depend upon its own circumstances, and but little aid is afforded by the adjudged cases, since no case can be found which is exactly parallel with the present.
It is sufficient to say in general, that these executors are *43employes in large business establishments and have been so employed…
2Cases cited2 opinions
- Shields v. ShieldsNew York Supreme Court · 1870
- Holmes v. CockNew York Court of Chancery · 1847