Legal Opinion

In re the Estate Blackburn

New York Surrogate's Court

Decided April 10, 1939PublishedCited by 5 opinions

1Opinion of the Court

Delehanty, S.

The will of deceased neither names an executor nor confers on any one power to select an executor. All of deceased's property is bequeathed to non-resident aliens. Accordingly no legatee is competent to serve as administrator with the will annexed. (Surr. Ct. Act, § 94, subd. 3.) The residuary legatee has assigned her interest in this estate to four cousins of deceased, one of whom has presented a petition (accompanied by supporting renunciations of the other assignees) wherein she asks that letters of administration c. t. a. be granted her. The public administrator, as…

2Cases cited4 opinions

  1. In re the Application for Letters of Administration with the Will Annexed of the Goods, Chattels & Credits Which Were of JordanAppellate Division of the Supreme Court of the State of New York · 1922
  2. In re the Estate of FrankoNew York Surrogate's Court · 1938
  3. In re WardNew York Surrogate's Court · 1847
  4. In re BlankNew York Surrogate's Court · 1877

3Cited by5 opinions

  1. In re the Probate of the Will of MurphyNew York Court of Appeals · 1952
  2. In re the Estate of CullinaneNew York Surrogate's Court · 1943
  3. In re the Probate of the Will of HoppinNew York Surrogate's Court · 1956
  4. In re the Estate of FustNew York Surrogate's Court · 1964
  5. In re the Probate of the Will of DahlNew York Surrogate's Court · 1961

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