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3 Dem. Sur. 263

In re Berrien

New York Surrogate's Court

Decided January 15, 1885

New York Surrogate's Court · decided 1885-01-15

<p>Old age and physical infirmity are not,- per se, disqualifications for the ofiice of administrator of the estate of an intestate.</p>

Decided 1885-01-15

The Surrogate.

¶1Old age and bodily ailments and infirmities do not, of themselves, disqualify one from *264appointment to the office of administrator. The evidence that has been submitted, respecting the physical and mental condition of this decedent’s widow, has not satisfied me that she is, within the meaning of R. S., part 2, ch. 6, tit. 2, § 32, as amended, “ incompetent” to execute the duties of administratrix, “ by reason of want of understanding.”

¶2Letters may, therefore, issue to Rachel Berrien, in conjunction with Alonzo Baker, o

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