Majority
p. 409In the Matter of the Application for the Revocation of Letters Testamentary Heretofore Issued to Emma Richardson and William T. Washburn, as Executors, etc., of Benjamin Richardson, Deceased, and Their Removal as Trustees Thereunder. William T. Washburn, Individually and as Executor, etc., Appellant; Viola J. M. Karam, Respondent. First Department, June 28, 1907.
Headnote
See head note in Matter of Richardson (ante, p. 406).Appeal by William T. Washburn, individually and as sole surviving executor and trustee, etc., of Benjamin Richardson, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the lltli day of March, 1907, resettling an order entered on the 9th day of July, 1906',
Robert G. MoCormick, for the appellant.
George H, Mallory, for the respondent.
•The samé questions arise in this appeal'as" do in the appeal from the order entered in the above proceeding on the 10th day of May, 1907, and the order should be reversed for the reasons stated, on the-reversal of- the latter order decided herewith. ( 120 App. Div. 406 .)
Present — Ingbaham, McLaughlin,- Clarke,- Houghton and Lambert, J J.
Order reversed, with ten dollars costs and disbursements to appellant payable out of the estate, and matter remitted to the surrogate.
Cases cited
- In re Washburn 120 App. Div. 406 p. 409