MATTER OF GAUL


6 A.D.2d 949 (1958)

In the Matter of the Probate of The Will of Julian A. Gaul, Deceased. F. Leigh Enderlin et al., Appellants; Constance McMahon et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 10, 1958


The petitioners are the executors named in the propounded will, one of them being an individual and the other a bank, and contend that proper exercise of the Surrogate's discretion required the appointment of the latter as temporary administrator. That such would be the usual course may not be doubted. As stated by Surrogate FOLEY: "With but few exceptions, and those in extraordinary cases, it has been the practice of the surrogates to pay heed to the selection by the maker...

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