In re the Estate of McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by Metropolitan Trust Company of the City of New York from a decree of the Surrogate’s Court of the county of ■ New York, entered in the office of said surrogate on the 13th day of August, 1913, revoking letters of administration heretofore issued to the Metropolitan Trust Company of the City of New York upon the estate of Alexander McDonald, deceased, and ordering said Metropolitan Trust Company to file an account of its proceedings as administrator.
1Opinion of the Court
Scott, J.:
I do not think that the appellant’s right to act as administrator of the estate of Alexander McDonald, deceased, terminated ipso facto upon the revocation of the letters previously issued to the coadministrator, Edmund K. Stallo. I attach no *87importance to the phraseology of the letters of administration issued to the trust company. It was for the surrogate to determine whether or not .letters should issue. Having decided that they should, their effect and the authority they conferred was fixed hy the Code of Civil Procedure and could neither be enlarged nor restricted by the…
2Cases cited7 opinions
- In Re the Administration of the Estate of CampbellNew York Court of Appeals · 1908
- Matter of Estate of HoodNew York Court of Appeals · 1885
- Steele v. LeopoldAppellate Division of the Supreme Court of the State of New York · 1909
- In Re the Estate of MonroeNew York Court of Appeals · 1894
- In re Awarding Letters of Administration upon the Estate of CampbellAppellate Division of the Supreme Court of the State of New York · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Estate of De BelardinoAppellate Division of the Supreme Court of the State of New York · 1975
- Metropolitan Trust Co. v. StalloAppellate Division of the Supreme Court of the State of New York · 1915
- In re Proving the Last Will & Testament of ShontsAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Revocation of Letters Testamentary Issued to JungAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of GreenwayAppellate Division of the Supreme Court of the State of New York · 1997
6 more not listed; retrieve them via the Exa API.