MATTER OF MURPHY


304 N.Y. 232 (1952)

In the Matter of the Probate of The Will of Timothy J. Murphy, Deceased. Francis J. Mulligan, as Public Administrator of The County of New York, Appellant; Julia A. Murphy, as Administratrix with the Will Annexed of Timothy J. Murphy, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1952


Attorney(s) appearing for the Case

Joseph T. Arenson and Joseph A. Cox for appellant.

Edward R. Loomie for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.


FROESSEL, J.

We are here asked to determine whether the sister of decedent, who does not share in his estate, is entitled to letters of administration with the will annexed in preference to the Public Administrator. The Surrogate held that she was not; the Appellate Division held that she was.

The facts are undisputed. Decedent, Timothy J. Murphy, died testate on April 10, 1949. He was survived by his...

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