Legal Opinion

In re the Application for Letters of Administration on the Goods, Chattels & Credits of McGuire

New York Surrogate's Court

Decided March 15, 1921PublishedCited by 3 opinions

Proceedings on application of a guardian of an infant for appointment as administrator of the estate of the infant’s mother.

1Opinion of the Court

Schulz, S.

The guardian of the estate of an infant applied for appointment as administrator of the goods, etc., of his deceased mother of whom such infant is the sole surviving" next of kin. The guardian of the infant’s person files a similar petition praying for her appointment.

After stating the order in which administration shall be granted upon estates of a decedent," section 2588 of the Code of Civil Procedure, so far as material to this controversy, provides that “If a person entitled to take all the personal estate is an infant, * * * his guardian # * * shall have a prior right to…

2Cases cited3 opinions

  1. In Re the Estate of D'AdamoNew York Court of Appeals · 1914
  2. Lathrop v. . SmithNew York Court of Appeals · 1862
  3. Lathrop v. SmithNew York Supreme Court · 1861

3Cited by3 opinions

  1. In re the Estate of FiumaraNew York Surrogate's Court · 1925
  2. In re the Estate of BlowsteinNew York Surrogate's Court · 1933
  3. Sparks ex rel. Haley v. SparksNew Mexico Court of Appeals · 1992

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