McGregor v. McGregor
New York Court of Appeals
Appeal from the judgment of the supreme court, affirming the order of the surrogate granting letters testamentary to the respondent. James McGregor died in February, 1853, leaving a will with a codicil annexed, by which three of his sons, the respondent, the appellant and Gregor, were appointed executors. The will was admitted to probate in December, 1855, after a contest before the surrogate.
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Appeal from the judgment of the supreme court, affirming the order of the surrogate granting letters testamentary to the respondent. James McGregor died in February, 1853, leaving a will with a codicil annexed, by which three of his sons, the respondent, the appellant and Gregor, were appointed executors. The will was admitted to probate in December, 1855, after a contest before the surrogate. An appeal was taken to the supreme court, and from that court to the court of appeals, from that order, and much other litigation arose under the will, delaying the issuing of letters testamentary. The…
1Opinion of the CourtJohnson, J.
The first fourteen pages of the points submitted by the appellant’s counsel, are devoted to an argument to establish the proposition that the respondent, by reason of non-residence in this state, and his residence in another state within the United States, is an alien, and so incompetent to serve as an executor by statute. This proposition is so obviously erroneous and untenable, that little if anything more than a bare statement of it, is necessary to its refutation. Our statute, amongst other persons declarged to be incompetent to serve as executor, specifies “ an alien residing out of this…
2Cited by2 opinions
- Holladay v. HolladayOregon Supreme Court · 1888
- Root v. DavisMontana Supreme Court · 1890