Legal Opinion
In re the Estate of Doris Duke
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 1995Published
1Opinion of the Court
—Order and decree (one paper), Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about May 22, 1995, which removed the preliminary coexecutors, and appointed Alexander D. Forger, Esq. and Morgan Guaranty Trust Company as temporary administrators, affirmed, without costs.
The Surrogate’s removal of the preliminary coexecutors pursuant to SCPA 711 and 719 was a proper exercise of discretion, and no evidentiary hearing was required under the particular circumstances. While the Surrogate’s characterization of the facts as "undisputed” may not have been technically accurate, the…
2Cases cited26 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- In re the Estate of RothkoNew York Court of Appeals · 1977
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- In Re the Estate of DonnerNew York Court of Appeals · 1993
- In Re Proving the Will of FloodNew York Court of Appeals · 1923
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