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ESTATE OF JACQUELINE WHITFIELD, ALSO KNOWN AS JACQUELINE A. WHITFIELD, Deceased (16/1809) — On the return date of citation in this proceeding by petitioner, the decedent’s sister who is the designee of the decedent’s daughter, for the issuance of letters of administration, the decedent’s spouse appeared and indicated that he had retained an attorney who could not be present on that day but would file a notice of appearance. Counsel for the petitioner then represented on the record that the parties had executed a written stipulation to be filed with the court pursuant to which, inter alia, the spouse and the petitioner were to serve jointly, and, thereafter, the petition was amended to add the spouse as co-petitioner and the spouse filed an oath and designation.

Accordingly, the application as amended is granted. Letters of administration shall issue to the petitioners subject to the provisions of SCPA 805 (3) with regard to any realty and subject to the terms of the parties’ written stipulation.

 
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