In re the Estate of Westurn
Appellate Division of the Supreme Court of the State of New York
Appeal by Adele Carney and another, as administrators, etc., of Samuel Westurn, deceased, from an order of the Surrogate's Court of the county of Warren, entered in said Surrogate’s Court on the 20th day of January, 1896, dismissing a motion made by the appellants to set aside a citation requiring the appellants to show cause why the letters of administration issued to them should not be revoked.
1Opinion of the Court
Merwin, J.:
On the 25th of May, 1895, letters of administration upon the estate of Samuel Westurn were issued to the appellants. Thereafter, on the 3d of January, 1896, upon petition of the respondent, verified December 18, 1895, a citation was issued by the Surrogate’s Court, directed to the said administrators, requiring them to show cause why a decree should not he made revoking the letters issued to them. This citation was returnable February 12,1896. Thereupon the appellants, upon notice to the respondent, made a motion in the Surrogate’s Court on the 20th of January, 1896, to set aside…
2Cases cited2 opinions
- In re Phalen's WillNew York Supreme Court · 1889
- Tracy v. Reynolds & TuckerNew York Supreme Court · 1852