Shields v. Shields
New York Supreme Court
THIS is an appeal from the order of the surrogate of Washington county dismissing the plaintiff’s complaint. The plaintiff, by his complaint, asked for an order to supersede the defendant, and to enjoin her from further acting as. executrix of the will of her deceased husband; and for such other order in the case as should tend ■ to the security and due administration of the said estate.
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THIS is an appeal from the order of the surrogate of Washington county dismissing the plaintiff’s complaint. The plaintiff, by his complaint, asked for an order to supersede the defendant, and to enjoin her from further acting as. executrix of the will of her deceased husband; and for such other order in the case as should tend ■ to the security and due administration of the said estate. The complaint alleged the making and due proof of the will of the deceased, the issuing of letters testamentary to the defendant as sole executrix, an interest of the plaintiff in the estate of the deceased;…
1Opinion of the Court
By the Court, Potter, J.
Letters testamentary may be, and should be, granted by the surrogate at any time after the will shall be proved, to the person or persons named in the will as executors, unless an affidavit is made and filed by the widow, .legatee, next of kin, or creditor of the *59testator, setting forth that such person intends to file objections against the granting of such letters, and stating that he is advised and believes that there are just and substantial objections to the granting of such letters to the persons named as such in the will. When such an affidavit is filed, then…
2Cited by6 opinions
- In re the Estate of CanterNew York Surrogate's Court · 1933
- Freeman v. KelloggNew York Surrogate's Court · 1880
- Martin v. DukeNew York Surrogate's Court · 1882
- Hovey v. McLeanNew York Surrogate's Court · 1882
- Ballard v. CharlesworthNew York Surrogate's Court · 1881
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