In re Boyle
Appellate Division of the Supreme Court of the State of New York
Appeal, in the first proceeding, by John H. B. Boyle, individually and as executor and trustee, etc., of John Boyle, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 5th day of August, 1912, granting the application of Phcebe A. D. Boyle herein.
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Appeal, in the first proceeding, by John H. B. Boyle, individually and as executor and trustee, etc., of John Boyle, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 5th day of August, 1912, granting the application of Phcebe A. D. Boyle herein. Appeal, in the second proceeding, by John H. B. Boyle, individually and as executor and trustee, etc., of John Boyle, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 20th day of December, 1912,…
1Per curiam
The surrogate upon the facts proven was authorized to appoint Mr. Randall as executor and trustee to succeed Mr. Heuscheler, and to remove Mr. John H. B. Boyle from such positions. (Matter of Smith, 26 N. Y. St. Repr. 237; Matter of Havemeyer, 3 App. Div. 519; Oliver v. Frisbie, 3 Dem. 22; Matter of Engel, 155 App. Div. 167.) Randall, like his predecessors, had the confidence of the testator, as the will shows, and it was provided that the persons appointed trustees should be incorporators. It is desirable that such persons should have active participation in the corporation, which is an…
2Cases cited4 opinions
- Bronson v. BronsonNew York Supreme Court · 1874
- Dochtermann Van & Express Co. v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1913
- In re HavemeyerAppellate Division of the Supreme Court of the State of New York · 1896
- Rogers v. RogersNew York Surrogate's Court · 1881
3Cited by5 opinions
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- Matter of BerlinAppellate Division of the Supreme Court of the State of New York · 2016
- In re the Estate of JaffeNew York Surrogate's Court · 1958
- In re the Estate of GiaimoNew York Surrogate's Court · 1972
- In re BoyleAppellate Division of the Supreme Court of the State of New York · 1915