In re the Estate of Hawthorne

John D. Bennett, S.

In this proceeding for the appointment of an administrator, the daughter of the decedent is opposed in her application for letters by her father, who claims a priority to such letters under section 118 of the Surrogate’s Court Act as the surviving spouse of the decedent.

A reply filed to the objections has narrowed the issue to whether, pursuant to a separation agreement entered into between the objectant and the decedent, his right to letters of administration has been barred.

The language employed in paragraph 7 of the separation agreement is extensive in its mutual…