West v. Mapes
New York Surrogate's Court
Application for letters of administration. The decedent died June 23, 1880, leaving a son, Peter, a daughter, Agnes S., wife of William West, and Kate L. S. Mapes, a widow. Peter, the son, executed and filed, July 10, 1880, a renunciation of his right to administration. Mrs. West attained her majority July 19, 1880, and Mrs. Mapes is about twenty-nine years of age.
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Application for letters of administration. The decedent died June 23, 1880, leaving a son, Peter, a daughter, Agnes S., wife of William West, and Kate L. S. Mapes, a widow. Peter, the son, executed and filed, July 10, 1880, a renunciation of his right to administration. Mrs. West attained her majority July 19, 1880, and Mrs. Mapes is about twenty-nine years of age. On July 10,.1880, Mrs. Mapes filed a petition for letters of administration, and on the same day executed a bond in the penalty of $.18,000, and took the oath as administratrix, but the sureties did not sign, and the matter was…
1Opinion of the Court
Tins Surrogate.—It is quite clear that Mrs. Mapes, having first filed her petition, and executed the requisite bond, in case the sureties shall justify to the satisfaction of the Surrogate, will be entitled to letters in preference to Mrs. West, her sister, though it shall be adjudged that the statute giving preference to the unmarried sister has been repealed by implication, so that she is only required to produce her sureties for justification to secure her letters.
By section 33 of 3 R. S., 78 (6 ed.), it is provided that when there shall be several persons in the same degree of kindred to…
2Cited by1 opinion
- In Re the Administration of the Goods & Chattels of CurserNew York Court of Appeals · 1882