In re the Estate of Blowstein

New York Surrogate's Court

In re the Estate of Blowstein

147 Misc. 111, 263 N.Y.S. 412, 1933 N.Y. Misc. LEXIS 1022

CourtNew York Surrogate's Court

DecidedMarch 18, 1933

StatusPublished

Cited by1 cases

This text of 147 Misc. 111 (In re the Estate of Blowstein) 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 Estate of Blowstein, 147 Misc. 111, 263 N.Y.S. 412, 1933 N.Y. Misc. LEXIS 1022 (N.Y. Super. Ct. 1933).

Pincite

Opinion

Henderson, S.

The application of the guardian of the estate of the sole distributee, an infant, for letters of administration is opposed by the infant’s guardian of the person who demands that letters issue to him alone or as coadministrator.

The statute restricts administration, so far as possible, to those persons who share in the assets, or their guardians, committees or legal representatives (Surr. Ct. Act, % 118), but does not expressly give preference to one kind of guardian over another. The general legislative intention to give only persons interested the right to administer (Note to Code Civ. Proc.' § 2588, now Surr. Ct. Act, § 118, in report to the Legislature by the Revision Committee dated February 9, 1914) indicates, however, that the guardian who holds and manages his ward’s property and is entitled to receive the infant’s distributive share, should be preferred over the guardian who is entitled only to the custody of the infant. Such a preference has been upheld by this court. (Matter of McGuire, 115 Misc. 84.)

Application granted. Settle decree0 awarding letters to the petitioner.

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

Henderson, S.

The application of the guardian of the estate of the sole distributee, an infant, for letters of administration is opposed by the infant’s guardian of the person who demands that letters issue to him alone or as coadministrator.

The statute restricts administration, so far as possible, to those persons who share in the assets, or their guardians, committees or legal representatives (Surr. Ct. Act, % 118), but does not expressly give preference to one kind of guardian over another. The general legislative intention to give only persons interested the right to administer (Note to Code Civ. Proc.' § 2588, now Surr. Ct. Act, § 118, in report to the Legislature by the Revision Committee dated February 9, 1914) indicates, however, that the guardian who holds and manages his ward’s property and is entitled to receive the infant’s distributive share, should be preferred over the guardian who is entitled only to the custody of the infant. Such a preference has been upheld by this court. (Matter of McGuire, 115 Misc. 84.)

Application granted. Settle decree0 awarding letters to the petitioner.

Cite This Page — Counsel Stack

Bluebook (online)

147 Misc. 111, 263 N.Y.S. 412, 1933 N.Y. Misc. LEXIS 1022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-blowstein-nysurct-1933.

Opinion

Related

Cite This Page — Counsel Stack