In re the Estate of Brayton

Halpern, J. (dissenting).

The Surrogate issued letters of administration with the will annexed in the estate of Stephen R. Brayton to the respondents Mildred E. Merriman and Herkimer County Trust Company, as committee of the person and estate of Jennie A. Brayton, an incompetent person. The majority proposes to make two changes in the Surrogate’s decree: (1) to add one of the appellants, Abby L. B. Ruediger, as administrator; (2) to eliminate Mildred E. Merriman, one of the committee of Jennie A. Brayton, as one of the administrators of the estate. In my opinion, neither change is…