ESTATE OF BETTIE MACKEY, Deceased

ESTATE OF BETTIE MACKEY, Deceased, (327/13) — On the return date of citation in this proceeding by an alleged creditor for the issuance of letters of administration to the Public Administrator, jurisdiction was obtained over the decedent's only known distributee, a grandson, and the Public Administrator, and there was no appearance by the grandson. The petitioner stated on the record that, according to the grandson: (1) he is in possession of alleged testamentary instrument; and, (2) he intends to petition for letters testamentary. Based upon this representation, the grandson was given until May 20, 2013 to take all necessary steps to be appointed fiduciary of the decedent's estate and, should the grandson fail to do so, the Public Administrator consented to the issuance of letters to himself (see Matter of Mackey, NYLJ, Apr. 3, 2013, at 25, col 4 [Sur Ct, Bronx County 2013]).

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ESTATE OF BETTIE MACKEY, Deceased, (327/13) — On the return date of citation in this proceeding by an alleged creditor for the issuance of letters of administration to the Public Administrator, jurisdiction was obtained over the decedent’s only known distributee, a grandson, and the Public Administrator, and there was no appearance by the grandson. The petitioner stated on the record that, according to the grandson: (1) he is in possession of alleged testamentary instrument; and, (2) he intends to petition for letters testamentary. Based upon this representation, the grandson was given until May 20, 2013 to take all necessary steps to be appointed fiduciary of the decedent’s estate and, should the grandson fail to do so, the Public Administrator consented to the issuance of letters to himself (see Matter of Mackey, NYLJ, Apr. 3, 2013, at 25, col 4 [Sur Ct, Bronx County 2013]).

After May 20, 2013, the alleged creditor learned of the existence of another grandson. Supplemental citation issued and was served on that grandson, and he defaulted. Based upon this state of the record, the creditor’s application is granted and letters of administration shall issue to the Public Administrator upon duly qualifying according to law.

ESTATE OF BETTIE MACKEY, Deceased

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