In re the Estate of Foote

In a proceeding in the Surrogate's Court, Westchester County, for the issuance of letters of administration to respondent Foote, said respondent alleged that he was the husband of the intestate and that respondent Ida Durkin and the appellant are her children. Appellant served an amended answer containing a cross petition alleging that he was the sole distributee and the only person entitled to letters and demanding that the petition be dismissed and that he be appointed. Pursuant to an order of this court dated December 7, 1955 (Matter of Foote, 1 A D 2d 671) and an order of the Surrogate’s…