In re the Estate of Haug
New York Surrogate's Court
Application to set aside letters of administration and the decree granting said letters upon the alleged ground that the applicant, by reason of his being the executor of a sole legatee, was vested with a right to letters superior to that of respondent by section 2660, Code of Civil Procedure, and should have been' cited in the proceeding to procure letters as required by section 2644 of said Code, which was not done.
1Opinion of the Court
Fitzgerald, S.
The respondent, to whom letters of administration with the will annexed were issued herein, is the son of a brother of the testator. The brother survived the latter, *251but was not alive at the time the letters were applied for or granted.- The present application is to set aside the letters and the decree granting them upon the alleged ground that the applicant, by reason of his being the executor of a sole legatee, was vested with a right to the letters superior to that of the respondent by section 2660 of the Code of Civil Procedure, and should have been cited in the proceeding…
2Cases cited3 opinions
- Lathrop v. . SmithNew York Court of Appeals · 1862
- Public Administrator v. PetersNew York Surrogate's Court · 1849
- In re Letters of Administration c. t. a. of the Estate of MoehringNew York Surrogate's Court · 1898
3Cited by5 opinions
- In re the Estate of LowensteinNew York Surrogate's Court · 1899
- In re the Awarding of Letters of Administration with the Will Annexed, upon the Estate of GogginNew York Surrogate's Court · 1904
- In re Estate of TreadwellNew York Surrogate's Court · 1902
- In re SanfordAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Application for Letters of Administration with the Will Annexed upon the Estate of CluteNew York Surrogate's Court · 1902