In re the Judicial Settlement of the Account of Hill
New York Surrogate's Court
' On the 8th day of January, 1902, Henry Hill presented to the Surrogate’s Court of Saratoga county his petition praying for his appointment as temporary administrator of the goods, etc., of William N. Hill, deceased.
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' On the 8th day of January, 1902, Henry Hill presented to the Surrogate’s Court of Saratoga county his petition praying for his appointment as temporary administrator of the goods, etc., of William N. Hill, deceased. On the 27th day of December, 1901, a petition had been presented to the Surrogate’s Court of Nassau county, alleging, among other things, that William N. Hill died on the 19th' day of November, 1901, being a resident of Nassau county, and leaving .a paper purporting to be a last will and testament, and asking that the same be admitted to probate as and for the last will and…
1Opinion of the Court
Lester, S.
Section 2670 of the Code of Civil Procedure authorizes the surrogate, in his discretion, on the application of a creditor or a person interested in the estate, to issue to one or more persons competent and qualified to serve as executors; letters of temporary administration when, for any cause, delay necessarily occurs in the granting of letters of administration or in probating a will.
The counsel for the executrix insists that the section referred to contemplates the pendency of some proceeding for the probate of a will or the issuing of letters of administration in chief as a…
2Cited by1 opinion
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