MATTER OF PAYNE


75 Misc.2d 425 (1973)

In the Matter of The Estate of Celeste J. Payne, Also Known as Celeste M. Johnson, Deceased.

Surrogate's Court, Nassau County.

July 10, 1973


Attorney(s) appearing for the Case

Edmund J. Kane for petitioner. Jeffrey D. Forchelli, guardian ad litem.


JOHN D. BENNETT, S.

This is a petition for letters of administration by the father of the decedent. Decedent died survived by her husband who would normally have a prior right to letters; however, under SCPA 707, the husband is ineligible to receive letters, being an infant. Pursuant to SCPA 1001 (subd. 4, par. [a]), when a distributee is an infant and has a prior right to letters, the court may grant letters...

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