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MATTER OF RIGGLE

11 N.Y.2d 73 (1962)

In the Matter of The Estate of Robert A. Riggle, Deceased. Mabel K. Wells, Respondent; Mabel Riggle, Appellant.

Court of Appeals of the State of New York.

Decided March 1, 1962.

Attorney(s) appearing for the Case

John B. Loughran, Walter G. Evans and William F. Laffan, Jr., for appellant.

Harold Sylvan and Elliott J. Mermelstein for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER concur with Judge VAN VOORHIS; Judge FROESSEL dissents in an opinion.

VAN VOORHIS, J.

Mabel K. Wells, of Nassau County, New York State, has obtained the issuance of ancillary letters with the will annexed in the estate of Robert A. Riggle, deceased, late of the State of Illinois. Her purpose in applying for the issuance of these letters is to continue against the estate an automobile negligence action which she commenced against the decedent during his lifetime by personal service...

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