In re the Probate of the Will of Gaul

Appeal by the petitioners in a probate proceeding from an order of the Surrogate’s Court of Delaware County which appointed as temporary administrator a bank not named in the will. The petitioners are the executors named in the propounded will, one of them being an individual and the other a bank, and contend that proper exercise of the Surrogate's discretion required the appointment of the latter as temporary administrator. That such would be the usual course may not be doubted. As stated by Surrogate Foley: “With but few exceptions, and those in extraordinary cases, it has been the practice…