Papers on Appeal from Order of Special Term Confirming Referee's Report

Papers on Appeal from Order of Special Term Confirming Referee's Report

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...to discharge the duty of an administrator.' So in Emerson v. Bowers, 14 N. Y., 449, it was held that one who was illiterate, of small pecuniary means, and who had intrusted the whole of the funds, securities and business of the estate to his attorney without keeping himself informed as to the particulars of its management and had used the moneys, of the estate himself, with and without security, and had given security of a kind which no trustee would have had a right to take, was still not incompetent to serve as executor by reason of improvidence. So too, it has been held that insolvency is not an evidence of improvidence (Matter of Pout, Dayton on Surrogates, first edition Appendix 1; see also Shields v. Shields, (0 Barb., 59; Senior v. Ackermati, 2 Kedfield, .'502; (Jrubb v. Hamilton, 2 Dein., 414). The disqualification for drunkenness is treated with the same, or even greater, strictness. Thus in Matter of licichert, .'54 Misc., 2SH, 9 X. Y. An. ('as., 472, it was shown that various witnesses had seen the applicant for letters intoxicated at different times, both in public and private; that she had admitted to them that she had the drinking habit; that she had at times visited saloons alone and with other persons for the purpose of obtaining liquor, and that the lapses from sobriety had taken place from time to time during the past fourteen years. The Court said: "It is to be remembered, however, that it is not intoxication that debars one not otherwise disqualified from receiving letters of administration; the questio iris not whether an applicant has been addicted to the use of intoxicating liquors, or even if she is so addicted at the present time it is only when habits of drinking are carried so far as to cloud the brain and to...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236858492
  • 9781236858498