Legal Opinion

In re Revoke the Letters Testamentary of Engel

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1913PublishedCited by 5 opinions

Appeal by the petitioners, Henry Doscher and others, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 21st day of December, 1911, deny ing an application to revoke letters testamentary issued to Gesine Engel and for her removal as trustee.

1Opinion of the Court

Woodward, J.:

Claus Doscher by his last will and testament nominated and appointed his sons, Henry Doscher, John Doscher and Charles Doscher, and his daughter, Gesine Engel, his executors and trustees, and the matter now before us arises upon an application made by the three brothers above named, as executors, trustees, devisees and legatees under said will, for the removal of Gesine Engel as executrix and trustee. The allegations of the petition set forth matters which, if true, bring the case within the provisions of subdivision 2 of section 2817 of the Code of Civil Proceedure, but it is to…

2Cases cited9 opinions

  1. Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
  2. Elias v. SchweyerAppellate Division of the Supreme Court of the State of New York · 1897
  3. In re the Application for the Revocation of Letters Testamentary of George M. BurrAppellate Division of the Supreme Court of the State of New York · 1907
  4. In Re the Estate of MonroeNew York Court of Appeals · 1894
  5. In re Seymour's EstateNew York Supreme Court · 1891

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Smull v. DelaneyNew York Supreme Court · 1941
  2. Connery v. SewellNew York Supreme Court · 1926
  3. In re the Estate of ClarkNew York Surrogate's Court · 1930
  4. Department of Housing Preservation & Development v. ChestnutCivil Court of the City of New York · 1983
  5. In re DoscherAppellate Division of the Supreme Court of the State of New York · 1914

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