Legal Opinion

In re the Estate of Toribio

New York Surrogate's Court

Decided June 1, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Kristin Booth Glen, S.

*1025This is an uncontested proceeding by an administrator for permission to resign and for the appointment of a successor administrator. The decedent was a three-year-old girl who died tragically in a fire later attributed to arson. Although initially the decedent’s older sister was appointed administrator, she wishes to resign and asks the court to appoint decedent’s father, Domingo Toribio, as successor administrator. Mr. Toribio speaks, reads and writes in Spanish only.

In purely formal legal terms, the question presented is the qualification of the…

2Cases cited5 opinions

  1. Katzenbach v. MorganSupreme Court of the United States · 1966
  2. Lau v. NicholsSupreme Court of the United States · 1974
  3. Campaign for Fiscal Equity, Inc. v. StateNew York Court of Appeals · 2003
  4. In re the Estate of PugarelliNew York Surrogate's Court · 1958
  5. In re the Estate of SantoroNew York Surrogate's Court · 1959

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