In re the Estate of Schinzing

Lawrence H. Cooke, S.

Two petitions for letters of administration have been submitted, one by Anna Schinzing, decedent’s widow, and one by Albertine Holder, a sister. The proceedings in relation to each of said applications have been consolidated by consent.

Under section 118 of the Surrogate’s Court Act a surviving spouse of an intestate is entitled prima facie to letters in preference to any other person (Matter of Wagner, 174 Misc. 203). Here, the sister has objected to the issuance of said letters to the petitioner Anna Schinzing contending: (1) that she is not the widow of decedent, and…