In re the Estate of Ehmer

Appellate Division of the Supreme Court of New York

In re the Estate of Ehmer

240 A.D.2d 668, 659 N.Y.S.2d 1010, 1997 N.Y. App. Div. LEXIS 6840

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 23, 1997

StatusPublished

This text of 240 A.D.2d 668 (In re the Estate of Ehmer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York 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 Ehmer, 240 A.D.2d 668, 659 N.Y.S.2d 1010, 1997 N.Y. App. Div. LEXIS 6840 (N.Y. Ct. App. 1997).

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Opinion

In a probate proceeding, the appeal, as limited by the appellant’s brief, is from so much of an order of the Surrogate’s Court, Dutchess County (Bernhard, S.), dated August 15, 1996, as denied the appellant’s application for sole letters testamentary.

Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.

The appellant has failed to demonstrate any actual conflict of interest or misconduct on the part of Gertrude E. MacLeod sufficient to warrant the denial of letters testamentary to MacLeod as co-executrix of the decedent’s estate (see, Matter of Shaw, 186 AD2d 809; Matter of Marsh, 179 AD2d 578). Miller, J. P., Sullivan, Joy and Altman, JJ., concur.

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In a probate proceeding, the appeal, as limited by the appellant’s brief, is from so much of an order of the Surrogate’s Court, Dutchess County (Bernhard, S.), dated August 15, 1996, as denied the appellant’s application for sole letters testamentary.

Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.

The appellant has failed to demonstrate any actual conflict of interest or misconduct on the part of Gertrude E. MacLeod sufficient to warrant the denial of letters testamentary to MacLeod as co-executrix of the decedent’s estate (see, Matter of Shaw, 186 AD2d 809; Matter of Marsh, 179 AD2d 578). Miller, J. P., Sullivan, Joy and Altman, JJ., concur.

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Bluebook (online)

240 A.D.2d 668, 659 N.Y.S.2d 1010, 1997 N.Y. App. Div. LEXIS 6840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-ehmer-nyappdiv-1997.

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