In a proceeding for issuance of letters of administration, petitioner moves to dismiss the objections of Joseph E. Smith, Jr., on the ground that he does not have legal capacity to object to grant of letters to the petitioner, an alleged spouse of decedent. (CPLR 3211.)
Briefly stated, the salient facts are as follows: The decedent, Joseph Elijah Smith, died intestate on August 2, 1980. In August, 1981, a petition for letters...
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