Elmer v. Kechele
New York Surrogate's Court
The intestate died January, 1, 1863, and her husband applied for letters of administration upon her estate. Jacob Elmer, an alleged creditor of the intestate, opposed the granting of letters, on the ground that the petitioner was intemperate in his habits, which incapacitated him from administering upon the estate.
1Opinion of the Court
The Subrogate. — The question in this case is, whether the husband of the deceased is incompetent, by reason of •drunkenness, to administer on her estate. Several witnesses swear that they have seen Kechele intoxicated from time to time.
But they do not show, in my judgment, habitual, con-*473tinned, inveterate, and irremediable habits of drunkenness,. incapacitating him for the transaction of business. Only-such habits can be held to have been intended by the statute as a disqualification of any person for the trust of administration on the ground of drunkenness, as would warrant overseers of the…
2Cited by2 opinions
- In re the Estate of ManleyNew York Surrogate's Court · 1895
- In re the Application for Letters of Administration on the Estate of ReichertNew York Surrogate's Court · 1901