In re Scott
Appellate Division of the Supreme Court of the State of New York
Appeal by Robert Beggs, as sole surviving trustee under the last will and testament of Hugh Henry Scott, deceased, from an order of the Surrogate’s Court of Hew York county, entered in-said Surrogate’s Court on the 1st day of February, 1900, removing him from the position of sole surviving trustee under the last will and testament of Hugh Henry Scott,- deceased.
1Opinion of the Court
Rumsey, J.:
'The proceedings leading up to what should have been a hearing upon the merits of this case were characterized by several irregularities, arising largely from the failure to appoint a special guardian of the infants before any step was taken in the matter; but as these irregularities might have been corrected by motion before the surrogate it is not necessary to do more than suggest them at this time.
When the trustee had served his answer to the petition in which he raised material questions of fact, he was entitled to a trial in which common-law evidence should be given to sustain…
2Cited by3 opinions
- In re the Estate of McDonaldAppellate Division of the Supreme Court of the State of New York · 1914
- In re ThieriotAppellate Division of the Supreme Court of the State of New York · 1907
- In re DittrichAppellate Division of the Supreme Court of the State of New York · 1907