Legal Opinion

In re Wanninger's Estate

New York Surrogate's Court

Decided November 28, 1888PublishedCited by 1 opinion

An alleged will of Anna Wanninger, produced for probate by Charles W. Wanninger, her son, who was by the will appointed sole executor, is contested by Peter W. Wanninger and Anna Metzger, other children of the deceased. The proponent petitions for the appointment of a temporary administrator.

1Opinion of the Court

Ransom, S.

Application for appointment of temporary administrator pending the contest. The executor seeks to be appointed. All parties are agreed that a temporary administrator should be named, but the contestants object '.to the executor, because lie is charged with unduly influencing the decedent .in making the will. This objection is well taken. Cornwell v. Cornwell, 1 Dem. Sur. 1; Haas v. Childs, 4 Dem. Sur. 137. Let an order be presented .for the appointment of a temporary administrator other than the executor.

2Cases cited2 opinions

  1. Cornwell v. CornwellNew York Surrogate's Court · 1882
  2. Haas v. ChildsNew York Surrogate's Court · 1885

3Cited by1 opinion

  1. In re the Application for Temporary Letters of Administration upon the Goods, Chattels & Credits of WatsonNew York Surrogate's Court · 1924