Guion v. Underhill
New York Surrogate's Court
Pending the judicial settlement of the account of Philip R. Underhill, the executor, etc., of the decedent, applications were made by several of the parties for the revocation of the letters issued to him.
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Pending the judicial settlement of the account of Philip R. Underhill, the executor, etc., of the decedent, applications were made by several of the parties for the revocation of the letters issued to him. No adjudication of these applications was made, for the reason that an arrangement was entered into, by which it was agreed that certain assets of the estate, including 880,000 in cash, should be deposited by the executor in the Central Trust Company of New York, within certain specified periods, and the executor was to continue the collection of interest and dividends, which he was, in…
1Opinion of the Court
The Surrogate.
The counsel for the executor object that this is not a case where substituted service is admissible, and that was the chief subject of contention on the argument. I am inclined to think, however, that no citation to show cause why an attachment should not issue, was at all necessary, in this.case. The executor had notice of the order; a copy was served upon him, after he had made default in complying with its mandate, and a demand made that he should comply, and there was a neglect on his part to do so. The evidence of these facts conferred power upon the court, if it was a…
2Cases cited1 opinion
- Tompkins v. MosemanNew York Surrogate's Court · 1881