In re the Estate of Armstrong

OPINION OF THE COURT

John D. Bennett, J.

Carol Armstrong died intestate on Juné 3, 1978 leaving assets of less than $5,000. Pursuant to SCPA article 13 decedent’s mother, Mrs. Sonia Kaprinski, applied for letters of voluntary administration for her daughter’s estate. The decedent’s sole distributees are her two children, both of whom are infants between the ages of 14 and 18. Decedent’s mother alleges that the whereabouts of the children’s father is unknown. Their mother and he were allegedly divorced in 1963. The issue presented in this case is whether decedent’s mother has a right to act as…