In re the Estate of Woodworth

Foley, S.

The question presented on this application for ancillary letters testamentary is whether or not the amendments made to section 161 of the Surrogate’s Court Act by chapter 326 of the Laws of 1936 (in effect September 1, 1936), permit the surrogate in the issuance of letters to disregard the order of priority contained in the section and to decline to appoint the domiciliary representative or his designee. Chauncey C. Woodworth, the decedent, died on July 15, 1937, a resident of the State of Florida, leaving personal property within the jurisdiction of this court. His will named his…