Legal Opinion
In re the Estate of Smith
New York Surrogate's Court
Decided February 2, 1982PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Louis D. Laurino, S.
In a proceeding for issuance of letters of administration, petitioner moves to dismiss the objections of Joseph E. Smith, Jr., on the ground that he does not have legal capacity to object to grant of letters to the petitioner, an alleged spouse of decedent. (CPLR 3211.)
Briefly stated, the salient facts are as follows: The decedent, Joseph Elijah Smith, died intestate on August 2, 1980. In August, 1981, a petition for letters of administration was filed in this court by Rosa Lee Smith, identifying herself as the surviving spouse and sole distributee of…
2Cases cited3 opinions
- Lalli v. LalliSupreme Court of the United States · 1978
- In re the Estate of LalliNew York Court of Appeals · 1977
- In re the Estate RodriguezNew York Surrogate's Court · 1979
3Cited by9 opinions
- Bodner v. Banque ParibasDistrict Court, E.D. New York · 2000
- In re the Estate of KennyNew York Surrogate's Court · 1982
- Greene v. City of New YorkDistrict Court, S.D. New York · 1987
- In re the Estate of MalavaseAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Estate of SmithNew York Surrogate's Court · 1983
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