This is an appeal case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The petitioner in this case is appealing an order of decree made in the Surrogate’s Court of Queens County. The order is dated the 2nd of May, 1980 and admitted to probate a will from March 7th of 1978 and also failed to order his application for letters of administration.
Case Discussion and Decision
The records for the case show that the will that was dated the 7th of March 1978 was properly admitted for probate over the challenge from the appellant. However, the Surrogate did make an error by denying the petition for letters of administration made by the appellant because of a conflict of interest.
The persons who are entitled to letters are fixed under the law and there is no discretion under the scheme to pass over one class in favor of another. For this reason, the motion for the appellant for the issuance of letters of administration that was denied is hereby reversed. A New York Probate Lawyer said the application will be remitted to the Surrogates Court for further proceedings.
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