In re the Probate of the Will of Hilton

Fitzgerald, S.

The rule which would ordinarily require the court to refuse to appoint an executor the temporary administrator of the estate of a decedent whom he is charged with having unduly influenced in the execution of his will, I do not understand to be so absolute and inflexible as to admit of no exception to its application. In re Bankard, 19 Wkly. Dig. 452; Jones v. Hammersley, 2 Dem. 288; Haas v. Childs, 4 id. 138, 139. It is at most but a rule of general application; and whether it is to be treated as controlling in a particular case *338depends, I take it, upon all the facts and…