
    Matter of the Estate of Bernard B. Blake, Deceased.
    (Surrogate’s Court, New York County,
    October, 1908.)
    Executors and administrators — Appointments, resignations and removals— Right to administer — In general — Persons entitled to administer — Public administrator or relatives.
    Second cousins of a deceased person, though not next of kin or entitled to share in his estate, are, nevertheless, entitled to letters of administration on his estate in preference to the public administrator.
    Application for letters of administration.
    James W. and Charles J. McDermott, for petitioners
    No other appearances.
   Beckett, S.

The petitioners being second cousins of the decedent, having a prior right to letters of administration, were not cited upon the appointment of the public -administrator, arid they having made application for letters of administration within three months after the grant of letters to the public administrator, under section 21, subdivision 3, of chapter 230, Laws of 1898, although they are not next of kin of decedent or entitled to share in the estate of decedent under section 2732, Code of Civil Procedure, amendment 1905 (Adee v. Campbell, 79 N. Y. 52), nevertheless are entitled to letters of administration, if there is no legal objection to them, in preference to the public administrator. Matter of Lowenstein, 29 Misc. Rep. 722; Butler v. Perrott, 1 Dem. 9.

Application granted.  