In re the Estate of Rosenberg

New York Surrogate's Court

In re the Estate of Rosenberg

15 Misc. 2d 336, 184 N.Y.S.2d 706, 1958 N.Y. Misc. LEXIS 2674

DecidedSeptember 18, 1958

StatusPublished

This text of 15 Misc. 2d 336 (In re the Estate of Rosenberg) 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 Rosenberg, 15 Misc. 2d 336, 184 N.Y.S.2d 706, 1958 N.Y. Misc. LEXIS 2674 (N.Y. Super. Ct. 1958).

Pincite

Opinion

Maximilian Moss, S.

On March 26, 1958 a petition verified by the decedent’s widow was filed with this court seeking letters of administration, setting forth amongst other things that the decedent was a resident of this county and that the decedent’s only distributees were his widow and one daughter who waived issuance of citation.

[337]*337On May 27, 1958, the decedent’s brother claiming to be a creditor of the decedent procured an order based upon a petition in which he alleged that decedent was at the time of his death a resident of Monticello, Sullivan County, and requiring the administratrix to show cause why the decree awarding letters of administration should not be vacated and the proceedings transferred to Sullivan County.

A creditor of the deceased was not a proper or necessary party to the administration proceeding and therefore has no standing in this proceeding to move to vacate the decree granting administration to decedent’s widow (Heilman v. Jones, 5 Redf. 398; Matter of Heidinger, 241 App. Div. 733; Matter of Ogden, 11 Misc 2d 1010).

The motion is denied. Settle order on notice.

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