In re the Estate of Eisenstein

Appellate Division of the Supreme Court of New York

In re the Estate of Eisenstein

158 A.D.2d 597, 551 N.Y.S.2d 569, 1990 N.Y. App. Div. LEXIS 1972

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 20, 1990

StatusPublished

Cited by2 cases

This text of 158 A.D.2d 597 (In re the Estate of Eisenstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York 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 Eisenstein, 158 A.D.2d 597, 551 N.Y.S.2d 569, 1990 N.Y. App. Div. LEXIS 1972 (N.Y. Ct. App. 1990).

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Opinion

On October 3, 1987, the 16-year-old decedent, who resided with his mother in Long Beach, New York, died as a result of a fire at their home. The decedent’s father is divorced from the mother and resides in Mexico. Thereafter, the mother petitioned the Surrogate for the granting of limited letters of administration for the purposes of commencing an action on behalf of the infant’s estate to recover damages, inter alia, for wrongful death. The father cross-petitioned for the issuance of [598]*598joint letters of administration so that he could seek appointment as a coadministrator of the estate.

We conclude that the court properly exercised its discretion in granting letters of administration solely to the mother (see, SCPA 1001 [1], [5]; Matter of Jenks, 15 AD2d 450; Matter of Mishkin, 235 NYS2d 599, 601; Matter of De Hart, 8 Misc 2d 531, 531-533). We find that the best interests of the estate are served by this arrangement. As the court recognized, it would not be practicable to issue joint letters of administration because of the hostility between the mother and the father and because of the obvious difficulty which a person residing in Mexico would encounter in the administration of an estate in New York (see, Matter of Mishkin, supra; Matter of Berrios, 17 Misc 2d 681, 682, affd 9 AD2d 731, affd 8 NY2d 1086).

In light of the foregoing, the parties’ remaining contentions need not be addressed. Mollen, P. J., Brown, Kooper and Miller, JJ., concur.

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On October 3, 1987, the 16-year-old decedent, who resided with his mother in Long Beach, New York, died as a result of a fire at their home. The decedent’s father is divorced from the mother and resides in Mexico. Thereafter, the mother petitioned the Surrogate for the granting of limited letters of administration for the purposes of commencing an action on behalf of the infant’s estate to recover damages, inter alia, for wrongful death. The father cross-petitioned for the issuance of [598]*598joint letters of administration so that he could seek appointment as a coadministrator of the estate.

We conclude that the court properly exercised its discretion in granting letters of administration solely to the mother (see, SCPA 1001 [1], [5]; Matter of Jenks, 15 AD2d 450; Matter of Mishkin, 235 NYS2d 599, 601; Matter of De Hart, 8 Misc 2d 531, 531-533). We find that the best interests of the estate are served by this arrangement. As the court recognized, it would not be practicable to issue joint letters of administration because of the hostility between the mother and the father and because of the obvious difficulty which a person residing in Mexico would encounter in the administration of an estate in New York (see, Matter of Mishkin, supra; Matter of Berrios, 17 Misc 2d 681, 682, affd 9 AD2d 731, affd 8 NY2d 1086).

In light of the foregoing, the parties’ remaining contentions need not be addressed. Mollen, P. J., Brown, Kooper and Miller, JJ., concur.

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Bluebook (online)

158 A.D.2d 597, 551 N.Y.S.2d 569, 1990 N.Y. App. Div. LEXIS 1972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-eisenstein-nyappdiv-1990.

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