Appellate Division of the Supreme Court of New York, 1940

In re the Public Administrator

In re the Public Administrator
Appellate Division of the Supreme Court of New York · Decided January 26, 1940
258 A.D. 469; 17 N.Y.S.2d 22; 1940 N.Y. App. Div. LEXIS 8221

Counsel

William J. Scanlon, for the appellant., Joseph A. Cox of counsel [Joseph T. Arenson with him on the brief], for the respondent.

In re the Public Administrator

Opinion of the Court

Per Curiam.

Since the last known residence of Delia Kelley was the State of Connecticut, the Court of Probate for the District of Hartford had jurisdiction to grant letters of administration on her estate and to determine all the facts pertaining thereto. Under these circumstances, the Surrogate’s Court of New York county properly granted ancillary letters of administration, and its decree, accordingly, should not have been revoked.

The decree appealed from should be reversed, with costs, and the petition denied.

Present — Martin, P. J., O’Mallet, Townley, Glennon and Untermyer, JJ.

Decree unanimously reversed, with costs, and the petition denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.