Opinion
September 18, 1958
Goldstein Goldstein for petitioner.
Abrashkin Krieger for administratrix respondent.
On March 26, 1958 a petition verified by the decedent's widow was filed with this court seeking letters of administration, setting forth amongst other things that the decedent was a resident of this county and that the decedent's only distributees were his widow and one daughter who waived issuance of citation.
On May 27, 1958, the decedent's brother claiming to be a creditor of the decedent procured an order based upon a petition in which he alleged that decedent was at the time of his death a resident of Monticello, Sullivan County, and requiring the administratrix to show cause why the decree awarding letters of administration should not be vacated and the proceedings transferred to Sullivan County.
A creditor of the deceased was not a proper or necessary party to the administration proceeding and therefore has no standing in this proceeding to move to vacate the decree granting administration to decedent's widow ( Heilman v. Jones, 5 Redf. 398; Matter of Heidinger, 241 App. Div. 733; Matter of Ogden, 11 Misc.2d 1010).
The motion is denied. Settle order on notice.