McGregor v. McGregor
New York Court of Appeals
Appeal from the judgment of the Supreme Court, affirming the order of the surrogate granting letters testamentary to the respondent. James McGregor died in February, 1853, leaving a will with a codicil annexed by which three of his sons, the respondent, the appellant and Gregor were appointed executors. The will' was admitted to probate in December, 1855, after a contest before the surrogate.
Read the full summary
Appeal from the judgment of the Supreme Court, affirming the order of the surrogate granting letters testamentary to the respondent. James McGregor died in February, 1853, leaving a will with a codicil annexed by which three of his sons, the respondent, the appellant and Gregor were appointed executors. The will' was admitted to probate in December, 1855, after a contest before the surrogate. An appeal was taken to the Supreme Court, and from that court to the Court of Appeals, from that order, and much other litigation arose under the will delaying the issuing of letters testamentary. The…
1Opinion of the CourtJohnson, J.
The first fourteen pages of the points submitted by the appellant’s counsel are devoted to an argument to establish the proposition that the respondent, by reason of non-residence in this State, and his residence in another State within the United States, is an alien, and so incompetent to serve as' an executor by statute. This proposition is-so obviously erroneous and untenable, that little, if anything more than a bare statement of it, is necessary to its refutation. Our statute, amongst other persons declared to be incompetent to serve as executor, specifies “ an alien residing out of this…
2Cases cited1 opinion
- Lemmon v. . People.New York Court of Appeals · 1860
3Cited by11 opinions
- In re BauquierCalifornia Supreme Court · 1891
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- In re Proving the Last Will & Testament of LathamAppellate Division of the Supreme Court of the State of New York · 1911
- In re Proving the Last Will & Testament of HaagNew York Surrogate's Court · 1917
- In re the Estate of DolanskyNew York Surrogate's Court · 1949
6 more not listed; retrieve them via the Exa API.