In re the Estate of Amsinck

New York Surrogate's Court

In re the Estate of Amsinck

103 Misc. 124

DecidedMarch 15, 1918

StatusPublished

This text of 103 Misc. 124 (In re the Estate of Amsinck) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Amsinck, 103 Misc. 124 (N.Y. Super. Ct. 1918).

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Opinion

Fowler, S.

This is an application for the appointment of a substituted trustee, the sole surviving trustee, Adolph Pavenstadt, having been interned by the United States government as a dangerous alien enemy at Fort Oglethorpe, Ga. His internment will, of course, prevent the trustee from acting, but it does not render him incompetent "within the meaning of the statute. The trustee has not resigned, nor has he been removed from office, and under the circumstances the application must be denied. Code Civ. Pro. § 2638. The English courts and our own federal courts generally suspend proceedings against enemy aliens during the war, but that rule has no strict reference here.

Application denied.

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Fowler, S.

This is an application for the appointment of a substituted trustee, the sole surviving trustee, Adolph Pavenstadt, having been interned by the United States government as a dangerous alien enemy at Fort Oglethorpe, Ga. His internment will, of course, prevent the trustee from acting, but it does not render him incompetent "within the meaning of the statute. The trustee has not resigned, nor has he been removed from office, and under the circumstances the application must be denied. Code Civ. Pro. § 2638. The English courts and our own federal courts generally suspend proceedings against enemy aliens during the war, but that rule has no strict reference here.

Application denied.

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Bluebook (online)

103 Misc. 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-amsinck-nysurct-1918.