O'Brien v. Neubert
New York Surrogate's Court
Applications by Daniel O’Brien, a son, and by Joseph W. Neubert, á grandson of decedent, for letters of administration upon her estate. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
Of the two persons who are applicants for letters of administration on this estate, one a son of decedent, the other a grandson, .the former is, of course, entitled in priority, unless he is *157for some cause disqualified. Evidence has been submitted tending to show that he has been convicted, in the state of New Jersey, of the crime of larceny; and it is insisted that, by such conviction, he has become incapacitated from receiving letters. The statute, which is claimed to create such disqualification, is in words following: “ No letters of adminis- N tration shall be granted to a…
2Cases cited6 opinions
- Sims v. . SimsNew York Court of Appeals · 1878
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- Emerson v. . BowersNew York Court of Appeals · 1856
- Coope v. LowerreNew York Court of Chancery · 1845
- McMahon v. . HarrisonNew York Court of Appeals · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Wilson's EstateNew York Supreme Court · 1895
- In re CohenAppellate Division of the Supreme Court of the State of New York · 1938