Legal Opinion

Stewart v. O'Donnell

New York Surrogate's Court

Decided January 15, 1882Published

Application, by the administrator with the will of decedent annexed, to compel the ancillary representative of the deceased executor of that will to account, etc. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

Elihu S. Stewart, the administrator with the will of Stephen O’ Donnell, deceased, annexed, has filed a petition, setting forth, among other things, that Cornelius O’Donnell was duly appointed executor of the last will and testament of Stephen, and assumed the burden and office of such executorship ; that Cornelius died, without having procured a final settlement of his account as such executor, and had, at the time of his death, assets in his hands as executor; that Elizabeth O’Donnell and James Mackin were appointed executrix and executor of the last will and testament of…

2Cases cited3 opinions

  1. Parsons v. . LymanNew York Court of Appeals · 1859
  2. Sands v. CraftNew York Supreme Court · 1859
  3. Akely v. AkelyNew York Supreme Court · 1858

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