In Re Proving the Will of Leland
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1916, which reversed a decree of the New York County Surrogate’s Court overruling objections to the grant of letters testamentary to the petitioner and granting letters testamentary to him; said order of reversal appealed from did not grant a new trial, but remitted the proceedings to the Surrogate’s Court to proceed in accordance with the opinion of the…
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1916, which reversed a decree of the New York County Surrogate’s Court overruling objections to the grant of letters testamentary to the petitioner and granting letters testamentary to him; said order of reversal appealed from did not grant a new trial, but remitted the proceedings to the Surrogate’s Court to proceed in accordance with the opinion of the Appellate Division, which opinion determined that the petitioner was in fact and in law incompetent to- execute the…
1Opinion of the CourtPound, J.
Francis L. Leland executed his will on April 23, 1914, and died on March 28, 1916. He left a large estate embarked in active enterprises. He named three executors, but one predeceased him and another renounced his appointment. Objections were filed by respondents in the Surrogate’s Court of Hew York county to the qualifications of the remaining executor, Timothy M. Cheesman; the appellant herein, and to the granting of letters to him. These objections were based on the consideration that appellant, who is a retired physician, sixty-three years of age, had suffered two strokes of apoplexy, one…
2Cases cited6 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- McGregor v. McGregorNew York Court of Appeals · 1864
- In re Proving the Last Will & Testament of LelandAppellate Division of the Supreme Court of the State of New York · 1916
- In Re the Appraisal of Property of ThorneNew York Court of Appeals · 1900
- In Re the Accounting of Union Trust Co.New York Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- In Re Proving the Will of FloodNew York Court of Appeals · 1923
- In Re the Estate of HousmanNew York Court of Appeals · 1918
- Matter of DukeNew York Court of Appeals · 1996
- In re the Probate of the Will of FossAppellate Division of the Supreme Court of the State of New York · 1953
- In Re Proving the Will of ShontsNew York Court of Appeals · 1920
54 more not listed; retrieve them via the Exa API.