130 N.Y.S. 535 | N.Y. App. Div. | 1911
This is an appeal by Harry Allen, one of the persons named as executors in .the will of John 0- Latham, deceased, from an order of the Surrogate’s Court in the county of New York, refusing to issue letters testamentary to the said appellant on the declared ground that he “is incompetent by reason of dishonesty to execute the duties of his trust as such .executor.” The objections to his appointment were made by Elsie G-. Latham, the residuary legatee under said will, and are based upon a charge that after the death of said John C. Latham and the consequent dissolution of the firm of Latham, Alexander & Co., of which he was a partner, the said Allen “ wrongfully and fraudulently obtained a list of the customers ■of said firm and delivered the same -to the firm of Stephen Weld & Company, brokers in the city of New York, in violation of the provision of the Penal Code (section 533, subd. 6 and 7)
The order appealed from must be reversed, the objection to the issue of letters testamentary to the appellant overruled, and the matter remitted to the Surrogate’s Court to be proceeded with in accordance with the views herein expressed, with ten dollars costs and disbursements to the appellant, to be paid out of the estate.
Order reversed and proceedings remitted to surrogate, with ten dollars costs and disbursements to appellant out of the estate.