In re the Estate of Falanga

Petitioner-appellant, a nephew of the deceased, seeks revocation of letters of administration issued to decedent’s widow without notice to deceased’s next of kin. The bases for the petition are the false suggestion of a material fact by the administratrix (SCPA 711, subd. 4) and that she is not a person interested in the estate and therefore disqualified to present the petition for her appointment (SCPA 1002).

Decedent died February 20, 1966. Respondent, his widow, was awarded a decree of separation on May 16, 1963. Prior thereto, on April 25, 1963, the parties to the separation action…