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MATTER OF THOMPSON

232 A.D.2d 219 (1996)

647 N.Y.S.2d 950

In the Matter of The Estate of Helen Thompson, Deceased. Sidney Naishtat, Appellant; Peter B. Hill, Respondent

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

October 10, 1996

Although, in most circumstances, the testatrix has the right to determine who was most suitable among those legally qualified to settle her affairs, and her selection is not to be lightly discarded (Matter of Flood, 236 N.Y. 408, 410, quoting Matter of Leland, 219 N.Y. 387, 392), it is well settled that the Surrogate may disqualify a person from receiving letters of administration where the friction between such a person and a beneficiary or cofiduciaries interferes...

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