In re the Estate of Thompson — 232 A.D.2d 219

Majority

p. 219

(October 10, 1996)

In the Matter of the Estate of Helen Thompson, Deceased. Sidney Naishtat, Appellant; Peter B. Hill, Respondent.

[647 NYS2d 950]

—Decree, Surrogate’s Court, New York County (Renee Roth, S.), entered April 26, 1995, which, insofar as appealed from, denied appellant’s cross petition for letters of administration, unanimously affirmed, without costs.

Although, in most circumstances, the testatrix has the right to determine who was most suitable among those legally qualified to settle her affairs, and her selection is not to he lightly discarded (Matter of Flood, 236 NY 408 , 410, quoting Matter of Leland, 219 NY 387 , 392), it is well settled that the Surrogate may disqualify a person from receiving letters of administration where the friction between such a person and a beneficiary or cofiduciaries interferes with the proper administration of the estate, and future cooperation is unlikely (Matter of Jurzykowski, 36 AD2d 488 , affd 30 NY2d 510 ; see also, Matter of Lipsit, 50 Misc 2d 289 , 293, citing, inter alia, Quackenboss v

p. 220

Southwick, 41 NY 117 ). The Surrogate’s finding of such hostility here is amply supported by the record.

The unpublished decision and order of this Court entered herein on September 24, 1996 is hereby recalled and vacated. Concur—Murphy, P. J., Sullivan, Rosenberger, Rubin and Nardelli, JJ.

Cases cited

In re Proving the Will of Flood 236 NY 408 N.Y. 1923-07-13 at 410 p. 219
In re Proving the Will of Leland 219 NY 387 N.Y. 1916-12-15 at 392 p. 219
In re the Construction of an Indenture of Trust 36 AD2d 488 N.Y. App. Div. 1971-05-20 p. 219
In re the Construction of an Indenture of Trust 30 NY2d 510 N.Y. 1972-02-09 p. 219
In re the Estate of Lipsit 50 Misc 2d 289 N.Y. Sur. Ct. 1966-05-20 at 293 p. 219
Quackenboss v. Southwick 41 NY 117 N.Y. 1869-09-24 p. 220