Crandall v. Shaw
New York Surrogate's Court
This was an application by executors to vacate the appointment of a collector, or special administrator, procured by an intending contestant of the will, and to procure appointment of one of the executors as collector in his stead.
Read the full summary
This was an application by executors to vacate the appointment of a collector, or special administrator, procured by an intending contestant of the will, and to procure appointment of one of the executors as collector in his stead. On the 23d day of December, 1873, H. Crandall, as executor named in the last will and testament of D. J. Shaw, deceased, presented a petition to the present Surrogate, for the proof of the will of Daniel J. Shaw, and the Surrogate issued citations to the heirs and next of kin returnable before him at his office on the 16th day of February, 1874, at 10 o’clock A. m.…
1Opinion of the Court
The Surrogate.
The first point made by the proponents of the will and codicil and the petitioners in this case is, that there was at the time of the appointment of Mr. Keator, no contest existing, and that until such contest, no collector can be appointed to take charge of the estate.
The 23d section of the statute of 1837, (3 R. S. 160., §. 38,) provides, “ in case of a contest relative to the proof of a will, or relative to granting letters testamentary, or of administration, in case of intestacy, or when, by reason of absence from this state, of any executor named in a will, or for aivy…
2Cases cited1 opinion
- Mootrie v. HuntNew York Surrogate's Court · 1856
3Cited by5 opinions
- In re the Application for Temporary Letters of Administration upon the Goods, Chattels & Credits of WatsonNew York Surrogate's Court · 1924
- In re the Probate of the Last Will & Testament of BurnhamNew York Surrogate's Court · 1921
- In re the Probate of the Last Will & Testament of EggswareNew York Surrogate's Court · 1924
- Matter of the Estate of William AshmoreNew York Surrogate's Court · 1905
- In re the Estate of SternsNew York Surrogate's Court · 1890