Legal Opinion

In re the Estate of Hutton

New York Surrogate's Court

Decided September 5, 1962PublishedCited by 1 opinion

1Opinion of the Court

John D. Bennett, S.

This is an application to appoint Joseph W. Drake as temporary administrator. Since all parties agree to the necessity of the appointment of a temporary administrator in this estate, the sole question presented is who should be selected to fill that office.

The petitioner, the nominated executrix in the propounded instrument, who is also the major beneficiary therein and the widow of the decedent, seeks the appointment of Joseph W. Drake, the attorney-draftsman, a named cotrustee and successor executor, and one of the subscribing witnesses to the propounded instrument.

The…

2Cases cited2 opinions

  1. In re the Estate of ErlangerNew York Surrogate's Court · 1930
  2. In re the Probate of the Will of WeisbergAppellate Division of the Supreme Court of the State of New York · 1955

3Cited by1 opinion

  1. In re the Estate of McGuireNew York Surrogate's Court · 1965

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