In re the Letters Testamentary under Dempsey's Will

New York Surrogate's Court

In re the Letters Testamentary under Dempsey's Will

1 Tuck. Surr. 51

DecidedJuly 1, 1870

StatusPublished

This text of 1 Tuck. Surr. 51 (In re the Letters Testamentary under Dempsey's Will) 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 Letters Testamentary under Dempsey's Will, 1 Tuck. Surr. 51 (N.Y. Super. Ct. 1870).

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Opinion

The Surrogate.

Letters may be issued to Ives de bonis non. The policy of the law is to have the will executed by the persons named as executors so long as any survive and are competent and willing, in preference to the appointment of administrators cum testamento. The testator has a right to nominate his executors, and the Court will allow a retraction of the renunciation in order to carry out his will, where the renunciation was originally made (as appears from this petition), only because it was deemed unnecessary that two executors should act at one time. Order accordingly.

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The Surrogate.

Letters may be issued to Ives de bonis non. The policy of the law is to have the will executed by the persons named as executors so long as any survive and are competent and willing, in preference to the appointment of administrators cum testamento. The testator has a right to nominate his executors, and the Court will allow a retraction of the renunciation in order to carry out his will, where the renunciation was originally made (as appears from this petition), only because it was deemed unnecessary that two executors should act at one time. Order accordingly.

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Bluebook (online)

1 Tuck. Surr. 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-letters-testamentary-under-dempseys-will-nysurct-1870.