Daniel Hartnett v. . Stephen S. Wandell

Summary

The Court of Appeals held that a testator may delegate to the named executrix the power to appoint a co‑executor, and that the surrogate may issue letters testamentary to such a co‑executor even though the person is not expressly named in the will. Accordingly, the surrogate's issuance of letters to Stephen S. Wandell was valid and the order of the surrogate was affirmed, reversing the General Term. The dissent argued that creditors should have a right to object to the appointment.