In re the Application for Revocation of the Letters Testamentary Issued to the American Security & Trust Co.
New York Surrogate's Court
Andrew J. Avery died a resident of the city of Dunkirk, in this county, on or about the 11th day of August, 1902, leaving a last will and testament which was admitted to probate by this court on the twenty-seventh day of September of the same year, and letters testamentary were thereupon issued to the American Security and. Trust Company (hereinafter called the Trust Company), of Washington, D. C., the executor named in said will.
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Andrew J. Avery died a resident of the city of Dunkirk, in this county, on or about the 11th day of August, 1902, leaving a last will and testament which was admitted to probate by this court on the twenty-seventh day of September of the same year, and letters testamentary were thereupon issued to the American Security and. Trust Company (hereinafter called the Trust Company), of Washington, D. C., the executor named in said will. The petitioners in this proceeding are the widow and the children of the deceased, who are his only heirs-at-law and next of kin, and upon the probate of the will…
1Opinion of the Court
Woodbury, S.
The grounds upon which the revocation of letters is sought are, that at the time such letters were issued the Trust Company was disqualified from accepting the appointment as executor under the will of the deceased, or from acting as ■such executor, and that the court was without authority to issue such letters to it, and that the objection was not taken upon *407the hearing of the application for the issuing of such letters by the petitioners, or any of them, or any one representing them, and that said Trust Company is now disqualified by law from exercising the powers of executor…
2Cases cited20 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Blake v. McClungSupreme Court of the United States · 1898
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Blood v. . KaneNew York Court of Appeals · 1892
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