In re the Estate of Cady
New York Supreme Court
Appeal from a decree of tbe Surrogate of Tompkins county, refusing letters testamentary to Charles Cady as executor of Elias W. Cady, deceased, and also removing him from the position of testamentary trustee under the said last will and testament of Elia» W. Cady. . Elias W. Cady died in the spring of 1883, leaving a last will and testament, executed in 1854, in and by whiqh he devised the homestead property ■ of nearly 200 acres, upon certain conditions to Charles Cady, and…
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Appeal from a decree of tbe Surrogate of Tompkins county, refusing letters testamentary to Charles Cady as executor of Elias W. Cady, deceased, and also removing him from the position of testamentary trustee under the said last will and testament of Elia» W. Cady. . Elias W. Cady died in the spring of 1883, leaving a last will and testament, executed in 1854, in and by whiqh he devised the homestead property ■ of nearly 200 acres, upon certain conditions to Charles Cady, and naming Charles and his brother Oliver as executors and trustees. Subsequently, and on December 30, 1856, and on July 8,…
1Opinion of the Court
Hardin, P. J.:
Section 3 of the Revised Statutes, as amended by chapter 79 of the Laws of 1873, provides as follows, viz.: “No person shall be deemed competent to serve as an executor who, at the time the will is proved, * * * upon proof, shall be adjudged by the surrogate to be incompetent to execute the duties of such trust by reason of drunkenness, dishonesty, improvidence or want of understanding.” (3 R. S. [7th ed.], 2289.)
*125Section 2636 of the Code provides that after the proof of a will, letters testamentary shall be issued to the person or persons named in the will, unless a person…
2Cases cited6 opinions
- Emerson v. . BowersNew York Court of Appeals · 1856
- Coope v. LowerreNew York Court of Chancery · 1845
- In re RooseveltNew York Surrogate's Court · 1882
- McMahon v. . HarrisonNew York Court of Appeals · 1852
- Wood v. WoodNew York Court of Chancery · 1834
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