In re Dittrich
Appellate Division of the Supreme Court of the State of New York
■ Appeal by Ellen O. Duffy, as executrix, etc., from a decree of .the Surrogate’s Court of -Kings county, entered in said Surrogate’s, Court on the 24th day of September, 1906, removing her as,executrix and testamentary trustee, etc., of -Mary Dittrich,- deceased, and requiring her to account for all money and property in her hands. ■ .
1Opinion of the Court
Hooker, J.:
The appellant’s coexecutor applied by petition to the Surrogate’s Court for her removal (Code Civ. Pfoc. § 2685), and presented a voluminous affidavit which accompanied the petition as required by section 2686 of the Code. The surrogate, -upon this preliminary hearing, being satisfied of' the truth of the allegations of the petition, issued a citation according to the prayer.thereof. Upon the return of the citation the appellant filed her answer to the petition, and it can 'hardly be doubted that her answer raised material questions of fact. The surrogate took no evidence whatever,…
2Cases cited3 opinions
- In Re the Estate of MonroeNew York Court of Appeals · 1894
- In re the Estate of WatermanAppellate Division of the Supreme Court of the State of New York · 1906
- In re ScottAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- In re the Estate of McDonaldAppellate Division of the Supreme Court of the State of New York · 1914
- In re Revoke the Letters Testamentary of EngelAppellate Division of the Supreme Court of the State of New York · 1913
- Doscher v. EngelAppellate Division of the Supreme Court of the State of New York · 1913
- In re DittrichAppellate Division of the Supreme Court of the State of New York · 1908
- In re Letters of Administration with the Will Annexed of GoodsAppellate Division of the Supreme Court of the State of New York · 1909