Legal Opinion

In re the Estate of Fust

New York Surrogate's Court

Decided May 12, 1964PublishedCited by 1 opinion

1Opinion of the Court

Johh D. Behnett, S.

The petitioner in this proceeding requests permission to resign as executrix and the appointment of her attorney as administrator c.t.a.

The sole beneficiary of the estate is a minor daughter of the decedent. The four adult children of the testator were appointed coexecutors, cotrustees and coguardians for their infant sister. However, in the probate proceeding the petitioner was the only person appointed executrix upon the consent of her three brothers. She is also the sole guardian of her infant sister.

Section 133 of the Surrogate’s Court Act authorizes the appointment of…

2Cases cited1 opinion

  1. In re the Estate BlackburnNew York Surrogate's Court · 1939

3Cited by1 opinion

  1. Secretary of the U.S. Department Housing and Urban Development v. FrayDistrict Court, S.D. New York · 2025

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