Bradley v. Bradley
New York Surrogate's Court
This was an application by the brother of the decedent, for letters of administration with the will annexed, as residuary legatee, on the death.of the sole executor appointed by the will. The widow appeared, and as such, claimed letters.
1Opinion of the Court
The Surrogate.
By section 15, 3 R. S., [6 ed.], 74, (2 R. S., 71, § 14), it is provided that if all *513the executors renounced, or, on notice, neglect to qualify, letters shall be issued with the will annexed, to the residuary legatees, if there be any who wall accept, and if there are none, then to a principal or specific legatee, and if there are none of these that will accept, then to the widow and next-of-kin, as in cases of intestacy. By section 60, page 83, of the same statute (2 R. S., 78, § 45), it is provided that if executors die or become incapable, or if their authority be revoked,…
2Cases cited1 opinion
- In re WardNew York Surrogate's Court · 1847
3Cited by1 opinion
- Hayward v. PeaceNew York Surrogate's Court · 1886