Matter of Rosenfeld

5 Citing cases

  1. Matter of Aebly

    261 App. Div. 839 (N.Y. App. Div. 1941)

    The wishes of Astrid Carlson that Scholen should act as administrator should be heeded under the circumstances herein. Whether or not the stock in question should be deemed an asset of the estate may be determined when an accounting is had, in accordance with the procedure in an analogous situation in Matter of Rosenfeld ( 157 Misc. 686). Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.

  2. ABRA CONSTR. CORP. v. 112 DUANE ASSOC., LLC

    2005 N.Y. Slip Op. 30453 (N.Y. Sup. Ct. 2005)

    When making his will, Horowitz was not worried that Greco would misuse his estate. A conflict of interest, including the fiduciary's status as a debtor of the estate does not automatically necessitate disqualification ( Matter of Shephard, 249 AD2d 748, 749 [3d Dept 1998]; Matter of Rosenfeld, 157 Misc 686, 687 [Sur Ct, NY County 1935]; see also Matter of Marsh, 179 AD2d 578, 580 [1st Dept 1992] [actual wrongdoing, rather than potential conflict between fiduciary and person interested in the estate, justifies denial of letters]). Similarly, Greco is not disqualified as a substitute, because he may owe Horowitz's estate or it may owe him.

  3. Matter of Serino

    37 Misc. 2d 183 (N.Y. Misc. 1962)

    Thereupon, letters testamentary will issue to respondent Pietro also known as Peter Serino upon qualifying according to law. After qualification as executor, the latter will be required to file an account pursuant to section 253 of the Surrogate's Court Act within 30 days after qualifying to permit speedy determination of title to the disputed property ( Matter of Rosenfeld, 157 Misc. 686; Matter of Schenna, 5 Misc.2d 290, affd. 8 A.D.2d 823; Matter of Mecko, 70 N.Y.S.2d 41).

  4. Matter of Garfunkel

    2 Misc. 2d 603 (N.Y. Surr. Ct. 1956)   Cited 2 times

    Denying letters testamentary requires more substantial grounds than denying letters of administration under section 118 of the Surrogate's Court Act, where the Surrogate's discretion under certain conditions is assigned a major role. In Matter of Rosenfeld ( 157 Misc. 686, 687), an issue was present as to whether certain assets handled by the nominated executor, a son of decedent, belonged to the estate or to the son. The court dismissed objections to the issuance of letters to the son, in language applicable to the present situation: "That issue, however, should be determined at a time and under conditions which permit it to be litigated directly and which will make the adjudication final on the subject of title.

  5. Matter of Cullen

    163 Misc. 410 (N.Y. Misc. 1937)   Cited 2 times

    The former judgment having established, first, that respondent by undue influence sought to obtain for himself the greater part of deceased's property, and second, that respondent offered for probate the paper so improperly obtained and sought to procure its admission as the genuine will of deceased, there is presented the question whether that proof establishes such dishonesty as warrants denial of letters to respondent. Although the nominee of the testatrix is not lightly to be set aside by the court ( Matter of Flood, 236 N.Y. 408; Matter of Briggs, 171 A.D. 52; Matter of Rosenfeld, 157 Misc. 686), the court must hold that the facts established by proof of the record of the prior probate proceeding suffices to bar respondent. "Dishonesty, unlike embezzlement or larceny, is not a term of art. Even so, the measure of its meaning is not a standard of perfection, but an infirmity of purpose so opprobrious or furtive as to be fairly characterized as dishonest in the common speech of men."