Doscher v. Engel
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Kings County. Application by Henry Doscher and others to revoke the letters testamentary of Gesine Engel, as executrix of Claus Doscher, deceased. From a decree of the Surrogate’s Court of Kings County (74 Mise. Rep. 308, 133 N. Y. Supp. 1105) denying the application, the petitioners appeal. Reversed. See, also, 152 App. Div. 931, 137 N, Y. Supp. 1119.
1DissentRich, J.
I dissent. Before the removal can be justified, it must be shown by competent conclusive evidence that the interests of the estate, as distinguished from the caprice and wishes of coexecutors, are jeopardized. Matter of Burr, 118 App. Div. 482, 104 N. Y. Supp. 29; Matter of Waterman, 112 App. Div. 313, 98 N. Y. Supp. 583; Matter of Thieriot, 117 App. Div. 686, 102 N. Y. Supp. 952. After a careful examination of the evidence, I am unable to find a condition which would justify the removal, and no fact is found by the learned surrogate under which it could be justified, though it does…
2Cases cited4 opinions
- In re the Application for the Revocation of Letters Testamentary of George M. BurrAppellate Division of the Supreme Court of the State of New York · 1907
- In Re the Estate of MonroeNew York Court of Appeals · 1894
- In re ThieriotAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of WatermanAppellate Division of the Supreme Court of the State of New York · 1906