In re Haughian
New York Surrogate's Court
Proceedings upon the settlement of the accounts of executors. Motion by one of the next of kin for the appointment of an administrator of the unbequeathed residuum.
1Opinion of the Court
Church, S.—
The testator’s will, after making certain specific bequests, and nominating executors, failed to make any general provision for the residuum. It appears that the estate is much greater than the amount of the legacies.
This motion is made by one of the next of kin for the appointment of an administrator of the unbequeathed residuum.
This motion appears to be without precedent, and to grant it would be to create an anomalous and confusing condition of affairs without serving any good purpose. An executor and administrator’s duties are the same, the only difference being that the…
2Cases cited1 opinion
- Wager v. . WagerNew York Court of Appeals · 1882
3Cited by5 opinions
- In re the Judicial Settlement of the Accounts of the of the Estate of OgdenNew York Surrogate's Court · 1903
- Federal Trust Co. v. OstNew Jersey Court of Chancery · 1936
- In re Ogden's EstateNew York Surrogate's Court · 1903
- In re the Administration of the Goods, Chattels & Credits of MaccaffilNew York Surrogate's Court · 1907
- In re the Estate of LurcyNew York Surrogate's Court · 1954