In re the Estate of Booth

Witmer, S.

Decedent died on November 28, 1948, and petitioner as the surviving spouse was appointed administrator of her estate. On January 3, 1949, he instituted this proceeding against his two daughters, the respondents, to discover certain personal property which he alleged belongs to this estate. Respondents have answered, and as distributees have asked the court to consider the removal of petitioner under subdivisions 1 and 2 of section 99 of the Surrogate’s Court Act before hearing petitioner’s application. They ask petitioner’s removal as administrator upon two grounds, first, that he…