• Surrogate's Court, Bronx County
  • Dec 31 2012 (Date Decided)
  • Surrogate Holzman
ESTATE OF TUH KING, Deceased — In these administration proceedings, a daughter of the decedent petitioned for letters of administration and a son of the decedent cross — petitioned for the same relief. The petitioner and cross petitioner each filed objections to the other's application. Essentially each party alleges that the other is "otherwise unfit for the execution of the office," and accordingly, ineligible to serve as the administrator of the estate (SCPA 707 [1] [e]). In the alternative, each party argues that in the event the court concludes neither one of them is ineligible, it should exercise its discretion in favor of his or her application because he or she would make a better administrator (see SCPA 1001 [1] [f] [i]). A bench trial was held to determine the issues raised.

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