In Re the Estate of McDonald
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 19, 1914, which reversed an order of the New York County Surrogate’s Court revoking letters of administration upon the estate of Alexander McDonald, deceased, theretofore issued to the Metropolitan Trust Company of the City of New York. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 19, 1914, which reversed an order of the New York County Surrogate’s Court revoking letters of administration upon the estate of Alexander McDonald, deceased, theretofore issued to the Metropolitan Trust Company of the City of New York. The facts, so far as material, and the questions certified are stated in the opinion. The appointment of the Metropolitan Trust Company as co-administrator was, upon the undisputed facts, voidable and subject to revocation at…
1Opinion of the CourtWerner, J.
In March, 1910, Alexander McDonald died intestate. His only surviving next of kin were two granddaughters, Laura McDonald Stallo and Helena McDonald Stallo, who were children of McDonald’s deceased daughter and both of whom were then minors. Their father, Edmund K. Stallo, was their guardian and under the statute (Code Civ. Pro. sec. 2660) he was entitled, as such guardian, to letters of administration upon the estate of McDonald. Letters were issued to him on April 1st, 1910, under which he qualified and served as sole administrator until October 18th, 1910, when the surrogate issued further…
2Cited by16 opinions
- Mohrmann v. KobNew York Court of Appeals · 1943
- Solicitor for the Affairs of His Majesty's Treasury v. Bankers Trust Co.New York Court of Appeals · 1952
- In re the Estate of De BelardinoAppellate Division of the Supreme Court of the State of New York · 1975
- Chianese v. MeierAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of GarofaloAppellate Division of the Supreme Court of the State of New York · 1988
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