MATTER OF EDWARDS


87 Misc.2d 337 (1976)

In the Matter of The Estate of Herbert G. Edwards, Deceased.

Surrogate's Court, Nassau County.

June 29, 1976


Attorney(s) appearing for the Case

Bishop & Guttenplan for petitioner. McLaughlin, Knight, Schmidt & Spagnoli for respondents. John L. Molloy for Public Administrator.


JOHN D. BENNETT, J.

Petitioner, a New York resident-creditor of a nonresident decedent, requests the issuance of ancillary letters of administration to the Public Administrator pursuant to SCPA 1610 so as to enable him to bring suit on his claim against the decedent. The Florida executors oppose the application claiming: (1) decedent left no property within the State of New York; (2) petitioner has instituted...

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