Legal Opinion
In re the Estate of Toolan
New York Surrogate's Court
Decided April 26, 1957PublishedCited by 1 opinion
1Opinion of the Court
John D. Bennett, S.
A brother of the decedent and her niece each petition for letters of administration. The petition of the brother must be granted and that of the niece denied. See Matter of Hoppin (3 Misc 2d 315, 317) where this court said: “ The priority of each subdivision in section 133 over a succeeding subdivision was (and is) inflexible in determining the choice among competing petitioners (Matter of Murphy, 304 N. Y. 232, 236, supra; Matter of Cullinane, 182 Misc. 830, 832). Similar rigidity in choice under section 118 is imposed by the Legislature in terms of the priority of each…
2Cases cited9 opinions
- In Re the Administration of the Estate of CampbellNew York Court of Appeals · 1908
- In Re the Estate of KellyNew York Court of Appeals · 1924
- In re Awarding Letters of Administration upon the Estate of CampbellAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of ReillyNew York Surrogate's Court · 1937
- In re the Probate of the Will of MurphyNew York Court of Appeals · 1952
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3Cited by1 opinion
- In re the Probate of the Will of YanoverNew York Surrogate's Court · 1959