MATTER OF O'BRIEN


24 A.D.2d 779 (1965)

In the Matter of The Estate of Grace S. O'Brien, Deceased. John G. Smith, Respondent; Elizabeth Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 22, 1965


REYNOLDS, J.

We find no basis for appellant's filing of objections in the instant proceeding. Section 96 of the Surrogate's Court Act limits objectants to the granting of letters to persons "interested in the estate or fund". Admittedly the sole distributee of the decedent's estate is John G. Smith. Thus the appellant not being entitled either absolutely or contingently to a share in the estate has no standing here (Surrogate's Ct. Act, § 314, subd...

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