In Re the Administration of the Estate of Campbell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 10, 1908, which reversed an order of the Erie County Surrogate’s Court denying a petition for the revocation of letters of administration previously granted upon the estate of the deceased, and for the award of letters to the petitioners and granted such petition.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 10, 1908, which reversed an order of the Erie County Surrogate’s Court denying a petition for the revocation of letters of administration previously granted upon the estate of the deceased, and for the award of letters to the petitioners and granted such petition. Robert E. Campbell, a resident of Erie county in this state, died intestate at Buffalo, May 27th, 1907. He did not leave him surviving a widow, descendant, father or mother. His next of kin are a brother residing…
1Opinion of the CourtChase, J.
The right to administer upon the estate of an intestate has in this state always been conferred by statute upon persons interested in the estate. Priority of right is based primarily upon nearness of relationship and extent of interest. Such statutes are in accordance with natural justice and they are also based upon the assumption that ties of marriage and consanguinity and the effect of personal interest will lead the persons enumerated in the statute in the order named to exercise care and attention in the" management of the estate. The present statute relating to those entitled to letters…
2Cases cited3 opinions
- In Re the Estate of PageNew York Court of Appeals · 1887
- Libbey v. . MasonNew York Court of Appeals · 1889
- In re the Estate of TyersNew York Surrogate's Court · 1903
3Cited by25 opinions
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- Borner v. LarsonNorth Dakota Supreme Court · 1940
- In re the Estate of KassamNew York Surrogate's Court · 1931
- McCarron v. New York Central RailroadMassachusetts Supreme Judicial Court · 1921
- In re the Estate of McDonaldAppellate Division of the Supreme Court of the State of New York · 1914
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