Legal Opinion
In re the Probate of the Will of Murphy
New York Court of Appeals
Decided June 6, 1952PublishedCited by 8 opinions
1Opinion of the CourtFboessel, J.
We are here asked to determine whether the sister of decedent, who does not share in his estate, is entitled to letters of administration with the will annexed in preference to the Public Administrator. The Surrogate held that she was not; the Appellate Division held that she was.
The facts are undisputed. Decedent, Timothy J. Murphy, died testate on April 10, 1949. He was survived by his widow, a brother and two sisters, one of whom is respondent herein. Decedent named his wife, Adelaide, sole beneficiary and executrix of his estate. It appears that his entire estate was valued at less than…
2Cases cited18 opinions
- In Re the Estate of D'AdamoNew York Court of Appeals · 1914
- Lathrop v. . SmithNew York Court of Appeals · 1862
- In re the Estate of KassamNew York Surrogate's Court · 1931
- Public Administrator v. PetersNew York Surrogate's Court · 1849
- In re Letters of Administration on the Goods, Chattels & Credits of WolffAppellate Division of the Supreme Court of the State of New York · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of JuelichAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of RadNew York Surrogate's Court · 1994
- In re the Probate of the Will of HoppinNew York Surrogate's Court · 1956
- In re the Estate of ToolanNew York Surrogate's Court · 1957
- In re the Estate of ArmstrongNew York Surrogate's Court · 1978
3 more not listed; retrieve them via the Exa API.