In re Wedemeyer

Appellate Division of the Supreme Court of New York

In re Wedemeyer

253 A.D. 766, 300 N.Y.S. 1201, 1937 N.Y. App. Div. LEXIS 5507

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

DecidedDecember 30, 1937

StatusPublished

Cited by3 cases

This text of 253 A.D. 766 (In re Wedemeyer) 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 Wedemeyer, 253 A.D. 766, 300 N.Y.S. 1201, 1937 N.Y. App. Div. LEXIS 5507 (N.Y. Ct. App. 1937).

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Opinion

Resettled decree of the Surrogate’s Court of Richmond county denying the petitioner’s application to revoke letters of administration theretofore issued to the respondent reversed on the law, application granted, and letters of administration revoked, with costs, payable by respondent personally. In the opinion of this court, the surrogate was without power to issue letters of administration where it appeared that the deceased died testate, in the absence of proof that the will was invalid. If there is a present necessity for the appointment of a representative in this State to conserve, during the pendency of the contested probate proceeding in the State of New Jersey, the assets of the estate located here, a temporary administrator may be appointed under section 126 of the Surrogate’s Court Act. The matter is remitted to the Surrogate’s Court for the entry of a decree accordingly. Hagarty, Carswell, Johnson, Taylor and Close, JJ., concur.

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Resettled decree of the Surrogate’s Court of Richmond county denying the petitioner’s application to revoke letters of administration theretofore issued to the respondent reversed on the law, application granted, and letters of administration revoked, with costs, payable by respondent personally. In the opinion of this court, the surrogate was without power to issue letters of administration where it appeared that the deceased died testate, in the absence of proof that the will was invalid. If there is a present necessity for the appointment of a representative in this State to conserve, during the pendency of the contested probate proceeding in the State of New Jersey, the assets of the estate located here, a temporary administrator may be appointed under section 126 of the Surrogate’s Court Act. The matter is remitted to the Surrogate’s Court for the entry of a decree accordingly. Hagarty, Carswell, Johnson, Taylor and Close, JJ., concur.

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Bluebook (online)

253 A.D. 766, 300 N.Y.S. 1201, 1937 N.Y. App. Div. LEXIS 5507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wedemeyer-nyappdiv-1937.

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