New York Supreme Court April 15, 1885 (In re the Estate of Cady)

Hardin, P. J.:

Section 3 of the Revised Statutes, as amended by chapter 79 of the Laws of 1873, provides as follows, viz.: “No person shall be deemed competent to serve as an executor who, at the time the will is proved, * * * upon proof, shall be adjudged by the surrogate to be incompetent to execute the duties of such trust by reason of drunkenness, dishonesty, improvidence or want of