Legal Opinion

In re Ashmore's Estate

New York Surrogate's Court

Decided September 15, 1905Published

In the matter of the estate of William Ashmore. Application by an heir for decree revoking letters of temporary administration issued to Rachel Ashmore and John E. Richardson.

1Opinion of the Court

BODINE, Acting Surrogate.

It is conceded by all the- parties that the case is one calling for the appointment of a temporary administrator. * .

The applicants base their contention on two grounds : (l) That, the surrogate had no jurisdiction to appoint a temporary administrator in view of the fact, which is conceded, that no notice of the application for said appointment was given to the heirs at law and next of kin of the deceased. (2) That the temporary administrators are disqualified by law from acting in said capacity for the .reason that both of them are interested in the estate, both…

2Cases cited3 opinions

  1. In re the Probate of the Will of HiltonNew York Surrogate's Court · 1899
  2. In re Grant's EstateNew York Surrogate's Court · 1897
  3. Jones v. HamersleyNew York Surrogate's Court · 1883

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