In re Cutting

The Surrogate.

By virtue of § 2643 of the Code of Civil Procedure, this petitioner is entitled to letters of administration, c. t. a., upon the estate of the testatrix unless within the meaning of that section he is a person not “ qualified to act.” To ascertain whether he labors under any disqualification, reference must be had to § 32. tit. 2, ch. 6, part 2, of the B. S. (3 Banks, 7th ed., 2291).

That section provides that “ no letters of administration shall be granted to any person who shall be judged incompetent by the Surrogate to execute the duties of such trust by reason of…