113 Misc. 639 | N.Y. Sur. Ct. | 1920
The question herein involved is whether this court has jurisdiction to appoint a temporary administrator of assets within the county of New York where a contested probate proceeding is pending in a foreign state and no ancillary or original proceeding is pending here. The will of decedent filed in California is contested, and delay will necessarily occur in the grant of letters. The Independent Order of Foresters, a creditor, applies to intervene in the proceedings and
I am of the opinion that this court may exercise its discretion and grant letters of temporary administration under these circumstances. Section 2596 of the Code of Civil Procedure provides that the surrogate may appoint a temporary administrator “ When for any cause delay necessarily occurs,” etc. That delay has occurred is uncontrovertible. That this delay may
Decreed accordingly.