MATTER OF McELROY


110 Misc.2d 792 (1981)

In the Matter of The Estate of Josephine F. McElroy, Deceased.

Surrogate's Court, Nassau County.

September 22, 1981


Attorney(s) appearing for the Case

Virginia B. Fitzpatrick, pro se.


C. RAYMOND RADIGAN, J.

In this application for voluntary administration under the Small Estates Act (SCPA art 13), the decedent is alleged to have died leaving a handwritten will consisting of one sentence in which she leaves her entire estate to her sister-in-law without naming an executor. The sister-in-law, Virginia B. Fitzpatrick, has applied to act as the voluntary administratrix.

SCPA 1303 (subd [b]) provides that the named executor or alternate...

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