Legislation
SECTION 1414
When letters testamentary may be issued 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 1414. When letters testamentary may be issued
1. After a will has been admitted to probate any person entitled to
letters thereunder who is eligible and who appears and qualifies is
entitled to letters testamentary.
2. Where a judgment has been rendered in an action establishing a
will the surrogate must record the will and issue letters as directed by
the judgment.
3. A person entitled to letters upon a contingency may appear and
show that the contingency has happened by which he is entitled to such
letters.
4. A person named as an executor by a person other than the testator
under a valid power contained in a will must appear and file an
acknowledged selection of himself as an executor.
1. After a will has been admitted to probate any person entitled to
letters thereunder who is eligible and who appears and qualifies is
entitled to letters testamentary.
2. Where a judgment has been rendered in an action establishing a
will the surrogate must record the will and issue letters as directed by
the judgment.
3. A person entitled to letters upon a contingency may appear and
show that the contingency has happened by which he is entitled to such
letters.
4. A person named as an executor by a person other than the testator
under a valid power contained in a will must appear and file an
acknowledged selection of himself as an executor.