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6 New York opinions name it 2 courts 1937–2014 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Proving the Will of Lelandgreen2 sentences2014While statutory eligibility requirements exist, “[i]t may be broadly stated that the common law favors the rule that no restriction should be placed upon the choice of an executor” (Matter of Leland, 219 NY 387, 393-394 [1916], supra; cf. Matter of Duke, 87 NY2d at 473 [“Removal of a fiduciary constitutes a judicial nullification of the testator’s choice and may only be decreed when the grounds set forth in the relevant statutes have been clearly established”]). 2014While statutory eligibility requirements exist, “[i]t may be broadly stated that the common law favors the rule that no restriction should be placed upon the choice of an executor” (Matter of Leland, 219 NY 387, 393-394 [1916], supra; cf. Matter of Duke, 87 NY2d at 473 [“Removal of a fiduciary constitutes a judicial nullification of the testator’s choice and may only be decreed when the grounds set forth in the relevant statutes have been clearly established”]). | 3 | 5 |
Matter of Dukegreen2 sentences2014While statutory eligibility requirements exist, “[i]t may be broadly stated that the common law favors the rule that no restriction should be placed upon the choice of an executor” (Matter of Leland, 219 NY 387, 393-394 [1916], supra; cf. Matter of Duke, 87 NY2d at 473 [“Removal of a fiduciary constitutes a judicial nullification of the testator’s choice and may only be decreed when the grounds set forth in the relevant statutes have been clearly established”]). 2014While statutory eligibility requirements exist, “[i]t may be broadly stated that the common law favors the rule that no restriction should be placed upon the choice of an executor” (Matter of Leland, 219 NY 387, 393-394 [1916], supra; cf. Matter of Duke, 87 NY2d at 473 [“Removal of a fiduciary constitutes a judicial nullification of the testator’s choice and may only be decreed when the grounds set forth in the relevant statutes have been clearly established”]). | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Proving the Will of Flood
green
1 sentence1937(Matter of Flood, supra; Matter of Leland, supra.) It is stated in the latter case: “ It may be broadly stated that the common law favors the rule that no restriction should be placed upon the choice of an executor, even though unsuitable persons are allowed to exercise the trust to the possible prejudice of creditors and legatees. | 1 | 1937–1937 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.