Legal Opinion

In re the Estate of Franco

New York Surrogate's Court

Decided May 15, 1981PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Bertram R Gelfand, J.

This application for letters of administration d. b. n. indicates serious issues that go beyond the limited relief sought in the application. It illustrates that when the best procedures available under the rule of law are ignored, such a course is pursued at the significant risk of denying to parties forever that to which they are entitled.

Decedent died on March 1, 1976. Limited letters of administration were issued to Fulgencio Franco, decedent’s spouse, pursuant to a decree entered March 11, 1976. These letters were for the sole purpose of enabling…

2Cases cited11 opinions

  1. Dunham v. DunhamAppellate Division of the Supreme Court of the State of New York · 1972
  2. Gross v. AbrahamNew York Court of Appeals · 1954
  3. In re the Estate of TablerAppellate Division of the Supreme Court of the State of New York · 1976
  4. In re the Estate of SingletonNew York Surrogate's Court · 1978
  5. Amo v. LeonardAppellate Division of the Supreme Court of the State of New York · 1941

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3Cited by2 opinions

  1. Pollicina v. Misericordia Hospital Medical CenterNew York Court of Appeals · 1993
  2. Zamora v. StateNew York Court of Claims · 1986

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