In re Probate of the Last Will and Testament of Baldwin
Appellate Division of the Supreme Court of the State of New York
Appeal by James H. Tibbitts from a decree of the Surrogate’s Court of Steuben county, entered in said Surrogate’s Court on the 25th day of March, 1897, awarding letters of administration with ■ the will annexed,'upon the estate of Henry Baldwin, deceased, to • James H. Tibhitts and. to Oscar B. Stratton, upon filing a bond for $40,000. . One Henry Baldwin died ón the 5th day of December, 1895, leaving a last will and testament wherein he named his brother, James Baldwin, and…
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Appeal by James H. Tibbitts from a decree of the Surrogate’s Court of Steuben county, entered in said Surrogate’s Court on the 25th day of March, 1897, awarding letters of administration with ■ the will annexed,'upon the estate of Henry Baldwin, deceased, to • James H. Tibhitts and. to Oscar B. Stratton, upon filing a bond for $40,000. . One Henry Baldwin died ón the 5th day of December, 1895, leaving a last will and testament wherein he named his brother, James Baldwin, and one James H. Tibbitts as executors thereof. The abovemamed testator left an estate amounting to about $25,000, but he…
1Opinion of the Court
Adams, J.:
The Code permits a person, named as executor in a will to renounce the appointment, and provides the manner in which such renunciation may be made, which is by a written instrument, “ signed by . him, and acknowledged or proved, and certified in like manner as a deed to be recorded in the county.” (Code Civ. Proc. § 2639.)
The same section permits a party who has thus renounced to retract his renunciation, “ by a like instrument, at any time before letters testamentary, or letters of administration with the will annexed, have been issued to any other person' in Ms place; ” or, in…
2Cases cited3 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- People v. . StephensNew York Court of Appeals · 1873
- Staples v. ParkerNew York Supreme Court · 1864
3Cited by4 opinions
- William Randall & Sons, Inc. v. MillsAppellate Division of the Supreme Court of the State of New York · 1917
- In re SanfordAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Application for Letters of Administration with the Will Annexed upon the Estate of CluteNew York Surrogate's Court · 1902
- In re the Estate of JohnstonNew York Surrogate's Court · 1937