In re the Estate of Flaster

Appellate Division of the Supreme Court of New York

In re the Estate of Flaster

5 A.D.2d 683, 168 N.Y.S.2d 697, 1957 N.Y. App. Div. LEXIS 3696

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

DecidedDecember 9, 1957

StatusPublished

This text of 5 A.D.2d 683 (In re the Estate of Flaster) 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 Flaster, 5 A.D.2d 683, 168 N.Y.S.2d 697, 1957 N.Y. App. Div. LEXIS 3696 (N.Y. Ct. App. 1957).

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Opinion

Appeal from a decree of the Surrogate’s Court, Queens County, granting respondent letters of administration. Decree reversed, and matter remitted to the Surrogate’s Court for a further hearing on which may be determined respondent’s interest in the estate of the decedent, with costs to appellants to abide the event, payable out of the estate. We are unable to determine on this record whether respondent has any interest in the decedent’s estate. Attempts by appellants to inquire into the matter were abandoned after rulings by the Surrogate sustaining objections to questions addressed to this issue. The issue should be determined, since respondent may be granted letters of administration only if she is entitled to take or share in the personal property of the decedent (Surrogate’s Ct. Act, § 118; cf. Matter of Murphy, 304 N. Y. 232).

Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ., concur.

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Appeal from a decree of the Surrogate’s Court, Queens County, granting respondent letters of administration. Decree reversed, and matter remitted to the Surrogate’s Court for a further hearing on which may be determined respondent’s interest in the estate of the decedent, with costs to appellants to abide the event, payable out of the estate. We are unable to determine on this record whether respondent has any interest in the decedent’s estate. Attempts by appellants to inquire into the matter were abandoned after rulings by the Surrogate sustaining objections to questions addressed to this issue. The issue should be determined, since respondent may be granted letters of administration only if she is entitled to take or share in the personal property of the decedent (Surrogate’s Ct. Act, § 118; cf. Matter of Murphy, 304 N. Y. 232).

Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

5 A.D.2d 683, 168 N.Y.S.2d 697, 1957 N.Y. App. Div. LEXIS 3696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-flaster-nyappdiv-1957.

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