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Matter of Weisberg

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1955
286 App. Div. 850 (N.Y. App. Div. 1955)

Summary

In Matter of Weisberg (286 App. Div. 850), a similar situation was presented except that objections had been filed and the attorney-draftsman, nominated executor and subscribing witness was formally charged in the objections with being used by those allegedly responsible for the undue influence.

Summary of this case from Matter of Hutton

Opinion

June 6, 1955.

Appeal from Surrogate's Court, Nassau County.


Resettled order affirmed, with $10 costs and disbursements, payable out of the estate. Although the objections allege fraud and undue influence on the part of the two other named executors, no such charge is made against the temporary administrator. He is not a beneficiary under the will, and is an experienced and reputable attorney, familiar with the affairs of the decedent. It was for the Surrogate to determine in his discretion who should be appointed. (Surrogate's Ct. Act, § 126.) We find no abuse of discretion in the appointment made. (Cf. Matter of Erlanger, 136 Misc. 793, affd. 229 App. Div. 778.) Nolan, P.J., MacCrate, Schmidt, Murphy and Ughetta, JJ., concur.


Summaries of

Matter of Weisberg

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1955
286 App. Div. 850 (N.Y. App. Div. 1955)

In Matter of Weisberg (286 App. Div. 850), a similar situation was presented except that objections had been filed and the attorney-draftsman, nominated executor and subscribing witness was formally charged in the objections with being used by those allegedly responsible for the undue influence.

Summary of this case from Matter of Hutton
Case details for

Matter of Weisberg

Case Details

Full title:In the Matter of the Probate of the Will of MOLLIE WEISBERG, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 6, 1955

Citations

286 App. Div. 850 (N.Y. App. Div. 1955)

Citing Cases

Matter of Hutton

No objections as yet have been filed and accordingly no formal charges have been made either that Mr. Drake…

Matter of Craig

In my opinion some other ground of unfitness must be established." (Cf. Matter of Weisberg, 286 App. Div. 850…