Matter of Estate of Hood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 9, 1884, reversing a decree of the surrogate of Westchester county, which revoked letters testamentary issued to Frederick Hood, as executor of the will of Andrew Hood, deceased, on the ground that he had wasted and misapplied the funds in his hands as executor.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 9, 1884, reversing a decree of the surrogate of Westchester county, which revoked letters testamentary issued to Frederick Hood, as executor of the will of Andrew Hood, deceased, on the ground that he had wasted and misapplied the funds in his hands as executor. (Reported below, 33 Hun, 338.) Said Andrew Hood died in 1864, leaving a will by which he appointed his wife, Maria Louisa, and his son Frederick, executrix and executor thereof. The substance of the…
1Opinion of the CourtMiller, J.
The principal question to be determined in this case is whether, after the decree made in the accounting before the surrogate of Westchester county on the 6th of January, 1869, passing and settling the accounts of the executors of Andrew Hood, deceased, such executors became trustees under the will and were responsible only as trustees for all acts done after that time relating to the funds of the estate.
Hpon the hearing before the surrogate the evidence showed misconduct on the part of one of the executors which would justify removing him from office, if he acted in the capacity of executor…
2Cases cited4 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Laytin v. . DavidsonNew York Court of Appeals · 1884
- Stagg v. . JacksonNew York Court of Appeals · 1848
- In the Matter of the Estate of HoodNew York Court of Appeals · 1882
3Cited by23 opinions
- Greenland v. . WaddellNew York Court of Appeals · 1889
- In Re the Estate of HoodNew York Court of Appeals · 1887
- Steele v. LeopoldAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of McDonaldAppellate Division of the Supreme Court of the State of New York · 1914
- In Re the Accounting of KelloggNew York Court of Appeals · 1915
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