Legal Opinion

In re the Estate of Edwards

New York Surrogate's Court

Decided June 29, 1976Published

1Opinion of the CourtJohn D. Bennett, J.

Petitioner, a New York resident-creditor of a nonresident decedent, requests the issuance of ancillary letters of administration to the Public Administrator pursuant to SCPA 1610 so as to enable him to bring suit on his claim against the decedent. The Florida executors oppose the application claiming: (1) decedent left no property within the State of New York; (2) petitioner has instituted two separate actions against them in Florida upon the same facts alleged in the petition; (3) that by an agreement between petitioner and Edwards & Hanley, a limited brokerage partnership, the latter…

2Cases cited9 opinions

  1. Babcock v. JacksonNew York Court of Appeals · 1963
  2. Auten v. AutenNew York Court of Appeals · 1954
  3. Wedemann v. United States Trust Co.New York Court of Appeals · 1932
  4. In re Estate of RiggleNew York Court of Appeals · 1962
  5. In re RogersAppellate Division of the Supreme Court of the State of New York · 1929

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