Surrogate Nora Anderson
Johnson, the fiduciary of the estate of a residuary legatee under decedent’s will, sought letters of administration. Decedent’s son, another residuary legatee, objected to petitioner’s appointment. Petition moved for summary judgment dismissing the objections. Before decedent’s estate was fully administered, the fiduciary and legatee died. Decedent’s son applied for and was granted letters of administration to wind up the estate. A proceeding was brought to compel the son to account, but he failed to do so and his letters were revoked. The son now challenged Johnson’s fitness to serve based on unspecified “past dealings,” claiming appointment of a fiduciary was unnecessary as the estate was fully distributed. The court stated the unspecified allegations in the objections were insufficient, noting most of objectant’s opposition addressed his excuses for failing to account. Yet, it stated none of such excuses were meritorious or had any bearing on the issue of whether Johnson should receive letters of administration. The court stated objectant’s allegations were vague and unsubstantiated, and stated in the absence of a proper accounting by him, the court was in no position to determine the status of the estate’s administration. Thus, it granted Johnson’s motion.
