ESTATE OF WINIFRED SMITH, Deceased — In this application by a daughter of the decedent for the issuance of limited letters of administration, waivers and consents were obtained from three other children, except one daughter alleged to be under a disability upon whom process was served, and she defaulted. The court will not appoint a guardian ad litem for this daughter in this proceeding because if her disability caused her default, it would also appear to render her ineligible to serve as a fiduciary. Of course, if appropriate, a guardian ad litem shall be appointed for the daughter in any future accounting or other proceeding.

Based on this state of the record, the application is granted and letters of administration may issue to the petitioner subject to the provisions of SCPA 702 (1) with regard to any cause of action.

Submit decree.

January 28, 2013