In re the Estate of Cohen

Wingate, S.

It is proverbial that hard cases make bad law. The facts of the controversy at bar, superficially at least, seem to furnish an instance of hardship in connection with which the applicant seems quite insistent that a result having evil general consequences should be adopted. When the case was first presented for adjudication, the court successfully withstood such temptation as may have existed in this direction (147 Misc. 330). The present application seeks a re-examination of that result.

The petition is one for the removal of decedent’s widow as an administratrix of his estate,…