Doscher v. Engel
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Kings County. Application by Henry Doscher and others to revoke the letters testamentary of Gesine Engel, as executrix of Claus Doscher, deceased. From a decree of the Surrogate’s Court of Kings County (74 Mise. Rep. 308, 133 N. Y. Supp. 1105) denying the application, the petitioners appeal. Reversed. See, also, 152 App. Div. 931, 137 N, Y. Supp. 1119.
1Opinion of the CourtWoodward, J.
[1] 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 same Code, but it is to be noted that there…
2Cases cited8 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Elias v. SchweyerAppellate Division of the Supreme Court of the State of New York · 1897
- 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
- In Re the Estate of MonroeNew York Court of Appeals · 1894
- In re Seymour's EstateNew York Supreme Court · 1891
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