In re the Estate of Folsom

Appellate Division of the Supreme Court of New York

In re the Estate of Folsom

1 A.D.2d 1041, 152 N.Y.S.2d 871, 1956 N.Y. App. Div. LEXIS 5176

Procedural entryThis page is a short order in In re the Estate of Folsom. Read the opinion of the Court — 6 A.D.2d 691 →

Appellate Division of the Supreme Court of the State of New York·Decided May 28, 1956·Published

Opinion

Appeal by one administrator with the will annexed from so much of a decree of the Surrogate’s Court, Westchester County, as appointed a coadministrator with the will annexed. Decree, insofar as appealed from, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. A life beneficiary [1042]*1042of a residuary trust is a “residuary beneficiary” within the meaning of subdivision 2 of section 133 of the Surrogate’s Court Act. The appointment of the coadministratrix with the will annexed was a proper exercise of discretion. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallman, JJ.

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Appeal by one administrator with the will annexed from so much of a decree of the Surrogate’s Court, Westchester County, as appointed a coadministrator with the will annexed. Decree, insofar as appealed from, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. A life beneficiary [1042]*1042of a residuary trust is a “residuary beneficiary” within the meaning of subdivision 2 of section 133 of the Surrogate’s Court Act. The appointment of the coadministratrix with the will annexed was a proper exercise of discretion. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallman, JJ.

In re the Estate of Folsom, 1 A.D.2d 1041, 152 N.Y.S.2d 871, 1956 N.Y. App. Div. LEXIS 5176 (N.Y. Ct. App. 1956).

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1 A.D.2d 1041 (In re the Estate of Folsom) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.