In re the Estate of Cullinane

Foley, S.

In this application by a residuary legatee for letters of administration c. t. a., the respondent, who is the widow of the testator, Asserts that she has a superior right to letters. The question presented is whether a widow as to Avhom the will is revoked under the provisions of section 35 of the Decedent Estate Law, is entitled to letters of administration c. t. a. in preference to the residuary legatees under the will.

The Surrogate holds that the petitioner, as a residuary legatee, has a right to letters of administration c. t. a. prior to the respondent who takes her intestate…