In re the Estate of Edwards

Samuel J. Silverman, S.

This is a petition for the issuance of letters of administration with the will annexed under SCPA 1418 (subd. 6).

The decedent, Herbert C. Edwards, died in 1965 leaving a will which named his mother ( a resident of Georgia) as sole legatee and executrix. The will was probated and letters testamentary issued to the mother. In April, 1967, the mother died. Her will names a Georgia bank as her executor.

SCPA 1418 (subd. 1, par. [a]) provides that first priority in the issuance of letters of administration with the will annexed shall be “ to a sole beneficiary or if he be…