In re Ciotto
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Thomas Rhoda, from an order of the Surrogate’s Court of the county of St. Lawrence, bearing date the 21st day of October, 1904, and entered in said Surrogate’s Court, denying the petitioner’s application for the revocation of letters of administration upon the estate of Ricuci Giotto, deceased, theretofore issued to Michael H. Flaherty, the treasurer of the county of St. Lawrence.
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Appeal by the petitioner, Thomas Rhoda, from an order of the Surrogate’s Court of the county of St. Lawrence, bearing date the 21st day of October, 1904, and entered in said Surrogate’s Court, denying the petitioner’s application for the revocation of letters of administration upon the estate of Ricuci Giotto, deceased, theretofore issued to Michael H. Flaherty, the treasurer of the county of St. Lawrence. Ricuci Giotto died intestate in the county of St. Lawrence on the 5th day of August, 1902. At that time he was at work for the Rossie Iron Ore Company in such county, was an Italian and had…
1Opinion of the Court
Parker, P. J.:
When the decedent died he left no relatives or next of kin within this State, and when the letters of administration were issued to Michael H. Flaherty, some six months after such decedent’s death, there was no creditor against his estate, except the Rossie Iron Ore Company, and neither next of kin nor creditor had applied for such letters. The said Flaherty was the first and the only person who had then applied, and under the provisions of section 2660 of the Code of Civil Procedure there was no other person then in the State who had a right .to such letters prior to him. The…
2Cases cited1 opinion
- In re the Estate of ThompsonNew York Supreme Court · 1861
3Cited by1 opinion
- In re Proving the Last Will & Testament of EsmondNew York Surrogate's Court · 1932