In re the Application for Letters of Administration on the Estate of Zerwinski

New York Surrogate's Court

In re the Application for Letters of Administration on the Estate of Zerwinski

51 Misc. 661, 102 N.Y.S. 203

DecidedSeptember 15, 1906

StatusPublished

This text of 51 Misc. 661 (In re the Application for Letters of Administration on the Estate of Zerwinski) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Application for Letters of Administration on the Estate of Zerwinski, 51 Misc. 661, 102 N.Y.S. 203 (N.Y. Super. Ct. 1906).

Pincite

Opinion

Church, S.

This application for letters of administration is made on the ground that the widow, who is entitled to prior right, has not made application; but the widow appears- and shows that, previous to this application, she had obtained letters of administration on the estate of the deceased, under the name of Morris Siriski. As there is no question that these two- applications relate to the same person, it follows of course that the present one must be denied. As it appears that one, if not both, of these parties has spelled the name of the deceased improperly, the confusion which has resulted emphasizes the necessity of care and circumspection in correctly setting forth the names of parties; and, if there is any doubt as to whether the letters which have been issued bear the proper name, a proceeding should be instituted to amend them in order to prevent further confusion.

Free access — add to your briefcase to read the full text and ask questions with AI

Church, S.

This application for letters of administration is made on the ground that the widow, who is entitled to prior right, has not made application; but the widow appears- and shows that, previous to this application, she had obtained letters of administration on the estate of the deceased, under the name of Morris Siriski. As there is no question that these two- applications relate to the same person, it follows of course that the present one must be denied. As it appears that one, if not both, of these parties has spelled the name of the deceased improperly, the confusion which has resulted emphasizes the necessity of care and circumspection in correctly setting forth the names of parties; and, if there is any doubt as to whether the letters which have been issued bear the proper name, a proceeding should be instituted to amend them in order to prevent further confusion.

Cite This Page — Counsel Stack

Bluebook (online)

51 Misc. 661, 102 N.Y.S. 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-application-for-letters-of-administration-on-the-estate-of-nysurct-1906.