Popham v. Spencer
New York Surrogate's Court
Application for an accounting by the executrix of an executor, and for the appointment of an administrator with the will annexed. George L. Spencer died in 1868, leaving a last will and testament, which was admitted to probate by the Surrogate of Westchester county in June of that year. By his will he gave his household furniture, and horses and carriages to his wife, Lorraine Spencer.
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Application for an accounting by the executrix of an executor, and for the appointment of an administrator with the will annexed. George L. Spencer died in 1868, leaving a last will and testament, which was admitted to probate by the Surrogate of Westchester county in June of that year. By his will he gave his household furniture, and horses and carriages to his wife, Lorraine Spencer. He appointed .William H. Popham his executor, and gave him power to sell and convey his real estate, to collect what might be due to him and to pay his debts. The proceeds of the real estate, and the residue of…
1Opinion of the Court
The Surrogate.—The petition has a two-fold object; 1st, the rendering of an account by the executrix of the executor, under section 2606 of the Code; and 2d, the appointment of an administrator with the will annexed, under section 2693. The proceedings in each case are separate and distinct, and are improperly sought to be united. In the first, the only person to be cited is the *401executrix of the executor, and in the latter, all having a prior or equal right with the petitioner. The decree to be entered in each proceeding is different. As the petitioner cannot sue herself, she cannot avail…
2Cited by2 opinions
- In re the Estate of RanneyNew York Surrogate's Court · 1884
- Bunnell v. RanneyNew York Surrogate's Court · 1884