Legal Opinion
In re the Estate of Wagner
New York Surrogate's Court
Decided May 27, 1940PublishedCited by 3 opinions
1Opinion of the Court
Wingate, S.
This is an application for letters of intestate administration made by a nephew of the deceased. It is opposed by her admitted husband. Since under section 118 of the Surrogate’s Court Act a surviving spouse of an intestate is prima fade entitled to letters in preference to any other person, the burden *204is imposed upon the nephew to demonstrate the disqualification of the husband. (Matter of Green, 155 Misc. 641, 649; affd., 246 App. Div. 583; Matter of Vogel, 251 id. 741.)
He predicates his position on the assertion that the husband is not “ entitled to take or share in the personal…
2Cases cited8 opinions
- Mirizio v. MirizioNew York Court of Appeals · 1926
- People Ex Rel. Commissioners of Public Charities & Correction v. CullenNew York Court of Appeals · 1897
- Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
- In re the Estate of GreenNew York Surrogate's Court · 1935
- Lodge's EstateSupreme Court of Pennsylvania · 1926
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of BarcNew York Surrogate's Court · 1941
- In re the Estate of BoothNew York Surrogate's Court · 1949
- In re the Estate of SchinzingNew York Surrogate's Court · 1956