In re the Estate of Bashwinger

OPINION OF THE COURT

Lawrence E. Kahn, S.

In this proceeding, petitioner Edward H. Bashwinger applies for letters of limited administration in the estate of his son, Warren Bashwinger. Petitioner’s former spouse, Nancy Hacker, objects to this application and further cross-petitions *717for letters on her own behalf. Both petitioner and cross petitioner as parents of the deceased have an equal right to receive letters.

Cross petitioner moves to deny letters to petitioner on the ground that he is statutorily ineligible to receive letters as set forth in SCPA 707 (subd 1, par [d]). That section states…