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Matter of the Application of George Denyse and Ella I. Denyse for the Revocation of Letters Testamentary Granted to Mary Heist, as Executrix of the Last Will and Testament of Philip Heist, Deceased

New York Surrogate's Court1909-03
62 Misc. 595

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Ketcham, S.

Proceedings to revoke letters testamentary have been commenced by joint petition of- an infant legatee and herfather, who is also a legatee, but for a nominal amount. The infant has no guardian, general or special, and makes her petition in her own name and behalf.

The motion to dismiss the petition, on the ground that one of the petitioners is by reason of infancy incapable of maintaining it, must be denied. The questions presented by the motion were laid by Surrogate Coffin, in 1884 (Matter of Watson, 2 Dem. 642), and his views there expressed have remained without dissent. Let order be settled providing for the filing and service of answer, and setting the case for trial.

Decreed accordingly.