In re the Estate of Tyers

Benton, S.

Letters of administration were granted upon the said estate to a creditor on September 2, 1903. It appears that upon that same date at about ten-thirty o’clock the petition of John Tyers, a brother and a nonresident of the State of Hew York, was presented to the surrogate, but was not filed in the office, nor was a bond presented or offered at that time, but presumably the said petitioner was perfecting his bond or in search of bondsmen at the time the letters were granted to the creditor. Such letters were granted without knowledge that a nonresident brother had made application.

The…