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MATTER OF BOYLE

224 A.D.2d 374 (1996)

638 N.Y.S.2d 75

In the Matter of Betty Boyle, Deceased. Hazel Fitzgerald, Appellant; Jacqueline Fitzgerald et al., Respondents

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

February 29, 1996

SCPA 1418 provides:

"1. If no person is named as executor in the will or selected by virtue of a power contained therein or if at any time there is no executor or administrator with will annexed qualified to act, upon the application of any person who may petition for the probate of the will under 1402 the court must issue letters of administration with will annexed in the following order of priority: "(a) to...

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