In Re Proving the Alleged Last Will & Testament of Hathaway
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of Special Term which denied a motion to vacate an ex parte order appointing a commissioner to act as surrogate in the matter of the probate of the will of Charles Hathaway, late of Delhi, Delaware county.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of Special Term which denied a motion to vacate an ex parte order appointing a commissioner to act as surrogate in the matter of the probate of the will of Charles Hathaway, late of Delhi, Delaware county. (Reported below, 9 Hun, 79.) Said Hathaway died in January, 1876, possessed of real and personal property of the value of about $70,000, and leaving a will disposing of his estate. One of the executors named therein was the district attorney of said county, and another was…
1Opinion of the CourtAllen, J.
By an amendment of the Bevised Statute, enacted in 1830 (S. L., Chap. 320, § 20), power was conferred upon the chancellor, when neither the surrogate, first judge, or district attorney of the county could act, by reason of the disqualifications imposed by statute, in respect to any will, or the estate of any intestate, to issue a commission to some suitable person empowering him to act as surrogate in the premises. Provision has been made for cases of vacancy-in the office of surrogate. (2 R. S., 79, 550; id., 554.)
By section 49 (2 E. S., supra), the power to act in individual cases of the…
2Cited by36 opinions
- Matter of RichardsonNew York Court of Appeals · 1928
- State ex rel. Clyatt v. HockerSupreme Court of Florida · 1897
- State v. SpauldingSupreme Court of Iowa · 1897
- Patton v. Board of Health Etc.California Supreme Court · 1899
- State ex rel. Coleman v. RoseSupreme Court of Kansas · 1906
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