Opinion
May 17, 1943.
Appeal by the daughter and son of a decedent from an order denying their applications to revoke on the ground of improvidence, drunkenness, and false suggestion of a material fact (Surrogate's Ct. Act, § 99), letters of administration issued to their father.
Order of the Surrogate's Court, Queens County, reversed on the law and the facts, without costs, the applications granted, without costs, and the matter remitted to the Surrogate's Court for the entry of a decree accordingly. The record establishes that the present administrator is an habitual drunkard and that the letters were obtained by the false suggestion of the material fact that he had properly served petitioners with citation, whereas in fact he was in possession, when he made the statement, of information that would lead a reasonable person to believe that the daughter (Violet Ann Wagner) was not so served because he had mailed the citation to the wrong address, when, by the use of proper diligence, he could have ascertained her correct address before the letters were issued. Close, P.J., Hagarty, Johnston, Adel and Lewis, JJ., concur.