In re Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by Elizabeth Clark, as administratrix, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 11th day of September, 1919, denying a motion to compel an executor whose letters have been revoked to turn over the assets of the estate to the administrator.
1Opinion of the Court
Page, J.:
Thomas M. Weed died leaving an alleged last will and testament and also left him surviving a widow, twenty-seven years of age, and one child, Lila Morrison Weed, who is now of the age of three and one-half years. After the probate of the will there was born a posthumous child who is now ten months old.
Shortly after the decedent died, a petition was prepared and signed by the widow and Frederick A. Southworth, an attorney, alleging that the decedent died leaving a last will and testament and filing a paper bearing no signature or any attestation clause. The petition disclosed the fact…
2Cited by3 opinions
- Brazill v. WeedAppellate Division of the Supreme Court of the State of New York · 1920
- In re ClarkAppellate Division of the Supreme Court of the State of New York · 1919
- In re Estate of HurleyAppellate Division of the Supreme Court of the State of New York · 1920