MATTER OF DAVIS


192 A.D.2d 655 (1993)

596 N.Y.S.2d 474

In the Matter of The Estate of Frances F. Davis, Deceased. Eliaza Harris, Appellant; Margery Jackson, Respondent

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

April 19, 1993


Ordered that the order is reversed, on the law, with costs payable by the objectant personally, the motion is granted, and the appellant's authority as preliminary executor is restored.

The sole reason cited by the Surrogate for terminating the preliminary executor's authority was his failure to renew expired letters of administration. This reason does not fall within the statutory provisions permitting the revocation of a preliminary executor's authority (see...

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