Legal Opinion

In re the Application for Revocation of the Letter Testamentary of Wischmann

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903No. 1; No. 2PublishedCited by 4 opinions

Appeal in the first above-entitled proceeding by the petitioners, Henry J. Brandt and others, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 29th day of September, 1902, dismissing the petitioners’ application for the revocation of the letters testamentary issued to Herman Wischmann, as sole surviving executor of and trustee under the last will and testament of Henry J. Brandt, deceased.

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Appeal in the first above-entitled proceeding by the petitioners, Henry J. Brandt and others, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 29th day of September, 1902, dismissing the petitioners’ application for the revocation of the letters testamentary issued to Herman Wischmann, as sole surviving executor of and trustee under the last will and testament of Henry J. Brandt, deceased. Appeal in the second above-entitled proceeding by Herman Wischmann, as sole acting executor of and trustee under the last will and testament of Henry…

1Opinion of the Court

Woodward, J.:

These two appeals were argued together. The first one is an appeal from a decree of the Surrogate’s Court of Kings county denying an application to revoke the letters testamentary issued by that court on the 19th day of March, 1883, on the last will and testament of Henry J. Brandt, deceased, to Herman Wischmann, the respondent, and the other is an appeal from a decree of the Surrogate’s Court of Kings county requiring the appellant, Herman Wischmann, to file a bond in the penal sum of $170,000, conditioned for the proper administration of the estate.

W e think under the…

2Cases cited1 opinion

  1. Dubois v. SandsNew York Supreme Court · 1864

3Cited by4 opinions

  1. In re the Estate of KennedyNew York Surrogate's Court · 1933
  2. In re the Estate of MillerNew York Surrogate's Court · 1965
  3. In re the Estate of RosenbergNew York Surrogate's Court · 1937
  4. In re the Estate of WenigNew York Surrogate's Court · 1961

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