In re the Estate of O'Brien

Appellate Division of the Supreme Court of New York

In re the Estate of O'Brien

24 A.D.2d 779, 263 N.Y.S.2d 783, 1965 N.Y. App. Div. LEXIS 3203

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

DecidedOctober 22, 1965

StatusPublished

This text of 24 A.D.2d 779 (In re the Estate of O'Brien) 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 O'Brien, 24 A.D.2d 779, 263 N.Y.S.2d 783, 1965 N.Y. App. Div. LEXIS 3203 (N.Y. Ct. App. 1965).

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Opinion

Reynolds, J.

Appeal from a decree of the Surrogate’s Court, Schenectady County, appointing William M. Slavin and Harold Blodgett administrators for the estate of Grace S. O’Brien and dismissing appellant’s objections to such appointments. We find no basis for appellant’s filing of objections in the instant proceeding. Section 96 of the Surrogate’s Court Act limits objectants to the granting of letters to persons “interested in the estate or fund”. Admittedly the sole distributee of the decedent’s estate is John G. Smith. Thus the appellant not being entitled either absolutely or contingently to a share in the estate has no standing here (Surrogate’s Ct. Act, § 314, subd. 10; see Matter of Cohen, 147 Misc. 330, 332). Decree affirmed, without costs. Gibson, P. J., Herlihy, Aulisi and Hamm, JJ., concur.

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Reynolds, J.

Appeal from a decree of the Surrogate’s Court, Schenectady County, appointing William M. Slavin and Harold Blodgett administrators for the estate of Grace S. O’Brien and dismissing appellant’s objections to such appointments. We find no basis for appellant’s filing of objections in the instant proceeding. Section 96 of the Surrogate’s Court Act limits objectants to the granting of letters to persons “interested in the estate or fund”. Admittedly the sole distributee of the decedent’s estate is John G. Smith. Thus the appellant not being entitled either absolutely or contingently to a share in the estate has no standing here (Surrogate’s Ct. Act, § 314, subd. 10; see Matter of Cohen, 147 Misc. 330, 332). Decree affirmed, without costs. Gibson, P. J., Herlihy, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

24 A.D.2d 779, 263 N.Y.S.2d 783, 1965 N.Y. App. Div. LEXIS 3203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-obrien-nyappdiv-1965.

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