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" Who, on proof is found by the surrogate to be incompetent to execute the duties of such trust by reason of drunkenness, dishonesty, improvidence or want of understanding. "
Reports of Cases Heard and Determined in the Appellate Division of the ... - Page 60
by New York (State). Supreme Court. Appellate Division - 1917
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - Civil law - 1862 - 538 pages
...person who has been convicted of an infamous crime ; 4. Who, upon proof, is adjudged by the surrogate incompetent to execute the duties of such trust, by reason of drunkenness, improvidence or want of understanding ; 5. Who fails to take the oath, or file the consent, or give...
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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 8

Law reports, digests, etc - 1887 - 972 pages
...executor, who at the time the will is proved . . . upon proof, shall be adjudged by the surrogate to be incompetent to execute the duties of such trust by reason of drunkenness, dishonesty, improvidenqp or want of understanding.' 3 Rev. Stat. 2289, 7th ed. Section 2636 of the Code provides...
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The New York Supplement, Volume 165

Law reports, digests, etc - 1917 - 1214 pages
...is competent to serve as an executor, administrator, testamentary trustee or guardian, who is: * * * 5. Incompetent to execute the duties of such trust...dishonesty, improvidence or want of understanding." The petition upon which the application is based states as the ground for refusing such letters that the...
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The Revised Statutes of the State of New York: As Altered by ..., Volume 4

New York (State) - Law - 1889 - 1010 pages
...of an infa- annexed to mous crime. Fifth, Who, upon proof, shall be adjudged by the surrogate to be incompetent to execute the duties of such trust by...dishonesty, improvidence or want of understanding. If any such person be named as the sole executor in any will, or if all the persons named therein as...
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An Abridgment of the Revised Statutes of the State of New York: Together ...

New York (State) - Law - 1890 - 912 pages
...of an infa- »°neM(ito mous crime. Fifth, Who, upon proof, shall be adjudged by the surrogate to be & If any such person be named as the sole executor in any will, or if all the persons named therein as...
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Report of the Commissioners of Statutory Revision for the Year ..., Part 2

New York (State). Commissioners of Statutory Revision - Law - 1891 - 1098 pages
...been convicted of an infamous crime. Fifth, Who, upon proof, shall be adjudged by the surrogate to be incompetent to execute the duties of such trust by...dishonesty, improvidence or want of understanding. If any such person be named as the sole executor in any will, or if all the persons named therein as...
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Reports of Cases Heard and Determined in the Court of Appeals of ..., Volume 1

New York (State). Court of Appeals - Law reports, digests, etc - 1891 - 660 pages
...executor, who at the time the will is proved * * * upon proof, shall be adjudged by the surrogate to be incompetent to execute the duties of such trust by...of drunkenness, dishonesty, improvidence or want of Opinion of the Court, by HARDIX, PJ understanding." 3 RS (7th ed.) 2289. Section 2636 of the Code provides...
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The New York Code of Civil Procedure ... Containing All Amendments to and ...

New York (State), Morris Cooper - Civil procedure - 1893 - 944 pages
...Who shall havebeeu convicted of aninfamouscrime;or 5. Who, on proof, is found by the surrogate to be incompetent to execute the duties of such trust by...dishonesty, improvidence or want of understanding. If any such person be named as the sole executor in a will, or if all the persons namtd therein as...
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Laws of the State of New York, Volume 2

New York (State) - Law - 1893 - 960 pages
...shall have been convicted of an infamous crime; or 5. Who, 011 proof, is found by the surrogate to be incompetent to execute the duties of such trust by...dishonesty, improvidence or want of understanding. If any nuch person be named as the sole executor in a will, or if all the persons named therein as...
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The New York Code of Civil Procedure ...

1894 - 970 pages
...shall have been convicted of an infamous crime; or 5. Who, on proof, is found by the surrogate to be incompetent to execute the duties of such trust by...dishonesty, improvidence or want of understanding. If any such person be named as the sole executor in a will, or if all the persons named therein as...
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