Wood v. Wood
New York Court of Chancery
Tins was an appeal from an order of the surrogate of Albany county, granting letters testamentary to J. B. Wood, the respondent, as executor of 8. 8. Wood, deceased, without requiring security from him as such executor. The testator died in the spring of 1833, leaving a widow and three infant children ; the eldest of which children was six years of age.
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Tins was an appeal from an order of the surrogate of Albany county, granting letters testamentary to J. B. Wood, the respondent, as executor of 8. 8. Wood, deceased, without requiring security from him as such executor. The testator died in the spring of 1833, leaving a widow and three infant children ; the eldest of which children was six years of age. He left property of the value of about $18,000 ; most if not all of which consisted of money, stocks and other personal estate. His debts amounted to about the sum of $3000. By his will, which was made a few months before his death, he…
1Opinion of the Court
The Chancellor.
The only question which is properly before me on this appeal, is, whether the surrogate was right in granting letters testamentary to the respondent, without requiring security for the faithful execution of his trust. If the will is invalid, from a want of capacity in the testator to make it, or if the proof of the will was not properly made before the surrogate of Albany, on the ground of a different residence of the testator at the time of his death, the remedy of the widow and next of kin was by an appeal to the circuit judge. And if the testamentary guardian, improperly or…
2Cited by7 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Cotterell v. BrockNew York Surrogate's Court · 1850
- In re the Estate of CanterNew York Surrogate's Court · 1933
- Freeman v. KelloggNew York Surrogate's Court · 1880
- Martin v. DukeNew York Surrogate's Court · 1882
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