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ESTATE OF DOROTHY HERMENA THOMAS, Deceased

ESTATE OF DOROTHY HERMENA THOMAS, Deceased — In this application by a niece of the decedent for the issuance of letters of administration, waivers and consents were obtained from three other distributees and process was served upon the decedent's sister who is alleged to be under a disability. The court will not appoint a guardian ad litem for the sister in this proceeding because if the sister's 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 sister in any future accounting or other proceeding.

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ESTATE OF DOROTHY HERMENA THOMAS, Deceased — In this application by a niece of the decedent for the issuance of letters of administration, waivers and consents were obtained from three other distributees and process was served upon the decedent’s sister who is alleged to be under a disability. The court will not appoint a guardian ad litem for the sister in this proceeding because if the sister’s 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 sister 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 upon her filing a bond in the penal sum of $127,000. The letters of administration shall be subject to the provisions of SCPA 805 (3) with regard to the disposition of any real property.

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