Legal Opinion

In re the Estate of Dolansky

New York Surrogate's Court

Decided November 5, 1949PublishedCited by 4 opinions

1Opinion of the Court

Campbell, S.

Decedent, who was twenty-four years of age and unmarried, died intestate as a result of an automobile accident, on or about July 16, 1949. Both his natural parents survive and each has filed a separate petition for letters of administration, alleging, as one of the assets of decedent’s estate, a cause of action for his wrongful death.

Section 118 of the Surrogate’s Court Act prescribes the priority of appointment in intestacy, as follows:

“ Administration in case of intestacy must be granted to the persons entitled to take or share in the personal property, who are competent and…

2Cases cited7 opinions

  1. In Re Proving the Will of FloodNew York Court of Appeals · 1923
  2. Emerson v. . BowersNew York Court of Appeals · 1856
  3. McGregor v. McGregorNew York Court of Appeals · 1864
  4. In re Proving the Last Will & Testament of LelandAppellate Division of the Supreme Court of the State of New York · 1916
  5. In re the Estate of FichterNew York Surrogate's Court · 1935

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re the Estate of RadNew York Surrogate's Court · 1994
  2. In re the Probate of the Will of HoppinNew York Surrogate's Court · 1956
  3. In re Public AdministratorNew York Surrogate's Court · 2014
  4. In re the Estate of BrittonNew York Surrogate's Court · 1997

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