Legal Opinion

In re the Application for the Revocation of Letters Testamentary of George M. Burr

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1907PublishedCited by 17 opinions

Appeal by George M. Burr, as sole surviving executor, etc., and another, from a decree of the Surrogate’s Court of- the county of Broome, entered in said Surrogate’s Court on the 20th day of July, 1905, revoking letters testamentary.

1Opinion of the Court

Chester, J.:

The decree appealed from -revokes the letters testamentary issued to George M. Burr, the executor named in the will of Henry A. Sheldon, deceased. It was made upon the petition of Mary E. Wiggins, who was one of the residuary legatees and next of kin of said deceased. The proceedings were instituted under section 2685 of the Code of Civil Procedure, providing for the revocation of ■letters and under subdivision 2 thereof, which provides that they may be revoked: “ Where, by reason of his having wasted or improperly applied the money or other assets in his hands, or invested money…

2Cases cited2 opinions

  1. Elias v. SchweyerAppellate Division of the Supreme Court of the State of New York · 1897
  2. In re for the Revocation of Letters Testamentary of BurrAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by17 opinions

  1. Estate of BuchmanCalifornia Court of Appeal · 1954
  2. In re the Estate of IsraelNew York Surrogate's Court · 1970
  3. Singley v. BigelowCalifornia Court of Appeal · 1930
  4. In re the Estate of ClarkNew York Surrogate's Court · 1938
  5. Speer v. BrownCalifornia Court of Appeal · 1938

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