46 N.Y.S. 350 | N.Y. App. Div. | 1897
In this proceeding, instituted in behalf of the creditors of the appellant’s testator to revoke the letters testamentary issued to him, the order was made to that effect, and it was further ordered that “ he pay and deliver over to Anna L. Van Houten and Della Van Houten, executrices of Edward G. Van Honten, deceased, or their representatives, all money and property or the proceeds thereof which belonged to the estate of said deceased, or which came into ■ his possession as executor, and all property belonging' to the estate of said deceased now in his possession and under his control, and particularly ” the goods and chattels which belonged to the testator in his lifetime, and were used in the livery stable business, and that he (Erastus Van Houten) is enjoined from exercising any control over or interfering with any of the property belonging to, the estate.
This order was violated by him in that he refused to deliver- such goods and chattels used in the livery stable business to, those executrices or their representatives, and did not desist from exercising control over such property. And, thereupon, on a further application to the Surrogate’s Court, upon which he was heard, the order appealed from was made, whereby he was adjudged guilty of contempt and fined the sum of $3,134.94, that being about the appraised value of such goods and chattels in the livery business. The order-revoking the letters testamentary issued to the appellant, and directing him to deliver the personal property of the estate to the two executrices, to whom letters testamentary had also issued, and enjoining him from exercising control over such property, was within the
The order should be affirmed.
All concurred.
Order adjudging appellant guilty of contempt affirmed, with ten dollars costs and disbursements.