In re the Estate of Rowe

A. Franklin Mahoney, S.

In connection with the probate of the last will and testament of the deceased herein two residuary legatees have petitioned for letters of administration c. t. a.

The deceased died on Juné 7, 1965 and her will was admitted to probate on June 23, 1965. The executor named in the will predeceased the testatrix.

Subdivision 2 of section 133 of the Surrogate’s Court Act provides that letters of administration with the will annexed must be issued to one or more of the residuary beneficiaries or, if any be dead, to his executor or administrator, when, as in the instant case,…