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IN RE LUCAS' ESTATE

No. 111041.

229 F.Supp. 452 (1964)

In re ESTATE of Cecil H. LUCAS, Deceased.

United States District Court District of Columbia.

May 18, 1964.

Attorney(s) appearing for the Case

Everett F. Haycraft, Silver Spring, Md., and Charles P. Hovis, Washington, D. C., for petitioner.

Ernest F. Henry, Washington, D. C., for cross-petitioner.

CURRAN, District Judge.

This case comes before the Court on a petition for Letters of Administration and an answer and cross petition. The only issue presented is whether or not the court, when there has been a declination by some of the next of kin, has the discretion to appoint the petitioner, a creditor of the intestate, over a next of kin, under no legal disability and who applies for letters.

The petitioner, Florence W. Gianiny, files as a friend and...

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