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MATTER OF TOOLAN

6 Misc.2d 791 (1957)

In the Matter of The Estate of Nellie Toolan, Deceased.

Surrogate's Court, Nassau County.

April 26, 1957.

Attorney(s) appearing for the Case

Harold L. Haskin and Herbert A. O'Brien for Margaret C. Sims, petitioner.

Alfred J. Ranieri for Patrick Creegan, petitioner.

JOHN D. BENNETT, S.

A brother of the decedent and her niece each petition for letters of administration. The petition of the brother must be granted and that of the niece denied. See Matter of Hoppin (3 Misc.2d 315, 317) where this court said: "The priority of each subdivision in section 133 over a succeeding subdivision was (and is) inflexible in determining the...

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