Legal Opinion
Public Administrator v. Peters
New York Surrogate's Court
Decided October 15, 1849PublishedCited by 11 opinions
1Opinion of the Court
The Surrogate.
The only question in this case is, whether a relative of the deceased, who has no interest in the estate, is entitled to administration, in preference to the Public Administrator. Under our statute, it is not every relative of the deceased who is entitled to administration on his estate, but administration goes as a matter of right, “ to the relatives of the deceased who would be entled to succeed to Ms personal estate.” (2 JR. &■, 3d ed.,p-138, § 28.) Interest is a necessary qualification, and among those who have an interest, the statute establishes a certain order. Of course,…
2Cases cited1 opinion
- Skidmore v. DaviesNew York Court of Chancery · 1843
3Cited by11 opinions
- In re Letters of Administration on the Goods, Chattels & Credits of WolffAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Probate of the Will of MurphyNew York Court of Appeals · 1952
- In re the Petition for Letters of Administration upon the Estate of KroogNew York Surrogate's Court · 1914
- Bailey v. StewartNew York Surrogate's Court · 1876
- In re the Application for Letters of Administration on Goods, Chattels & Credits of PattenNew York Surrogate's Court · 1913
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