Legal Opinion
In re the Estate of Thompson
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 1996PublishedCited by 3 opinions
1Opinion of the Court
—Decree, Surrogate’s Court, New York County (Renee Roth, S.), entered April 26, 1995, which, insofar as appealed from, denied appellant’s cross petition for letters of administration, unanimously affirmed, without costs.
Although, in most circumstances, the testatrix has the right to determine who was most suitable among those legally qualified to settle her affairs, and her selection is not to he lightly discarded (Matter of Flood, 236 NY 408, 410, quoting Matter of Leland, 219 NY 387, 392), it is well settled that the Surrogate may disqualify a person from receiving letters of administration…
2Cases cited5 opinions
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- In Re Proving the Will of FloodNew York Court of Appeals · 1923
- Quackenboss v. . SouthwickNew York Court of Appeals · 1869
- In re the Construction of an Indenture of TrustAppellate Division of the Supreme Court of the State of New York · 1971
- In re the Estate of LipsitNew York Surrogate's Court · 1966
3Cited by3 opinions
- In re Estate of SadowskiAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of VeneziaAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Estate of ThompsonAppellate Division of the Supreme Court of the State of New York · 1998