Legal Opinion

Becker v. Lawton

New York Surrogate's Court

Decided February 15, 1886Published

Petition by George B. Lawton, executor of decedent’s will, under Code Civ. Pro., §§ 2689, 2690, for leave to resign his trust; opposed by C. Becker, legatee.

1Opinion of the Court

The Surrogate.

Pending the litigation which has arisen respecting the correctness of the accounts filed by the executor of this estate, he applies for an order revoking his letters testamentary. He asks to be relieved from his trust, upon the ground that the question of his liability to this estate, by reason of the partnership, that existed between himself and the testatrix in her lifetime, is one upon which this court has no jurisdiction to pass, and that, in order that such question may be submitted for the determination of a competent tribunal, some person other than himself should be…

2Cases cited3 opinions

  1. Marre v. GinochioNew York Surrogate's Court · 1852
  2. Matter of SaltusNew York Court of Appeals · 1867
  3. Woodruff v. WoodruffNew York Supreme Court · 1863

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