In re Leland's Estate
New York Surrogate's Court
Application for temporary administration by the legatees, and cross-application for letters testamentary by the executors, pending appeal, of the estate of Francis L. Leland. Application denied, and limited letters ordered to issue to the executor. Order reversed, 161 N. Y. Supp. 320. See, also, 95 Mise. Rep. 440, 159 N. Y. Supp. 533; 96 Mise. Rep. 419, 160 N. Y. Supp. 372.
1Opinion of the Court
FOWLER, S.
This is a cross-application for letters testamentary and for a temporary administration pending appeal. Section 2557, C. C. P., provides that an appeal from a decree of the surrogate admitting a will to probate or granting letters testamentary does not stay the issuing of letters where, in the opinion of the surrogate, manifested by an order, the preservation of the estate requires that the letters should be issued.
Section 2560 of the Code provides that where such letters have been issued they confer upon the person named therein all the powers and authority and subject him to all…
2Cases cited2 opinions
- In re Last Will & Testament of HassettAppellate Division of the Supreme Court of the State of New York · 1905
- Mootrie v. HuntNew York Surrogate's Court · 1856