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A tangle of wills (or rather, letters of administration)

Replies: 3

A tangle of wills (or rather, letters of administration)

Posted: 1312416152000
Classification: Query
I am trying to understand the implications of an estate dispute in my family history. These are gleaned from papers filed in Wyoming County, New York. Here is the short version:

John A. Capin dies in 1878, leaving his property first to his daughter Mary Howe, then his grandson Samuel, and third to William W. Capin.

Mary Howe dies in 1880.

William W. Capin dies in 1904, intestate.

Maria (Chapin) Capin, his wife, is named administrator of his estate in 1905.

Maria dies in 1907, intestate.

Samuel dies in October 1912, intestate. John Capin's property bumps down to William W. Capin, but he's already dead, as is Maria Capin, the only designated administrator of his estate to this point.

In December 1912, Floyd Capin, William and Maria's grandson through their youngest son Bert, petitions for and is granted status of administrator "de bonis non" for William W. Capin's estate (since William's primary administrator, Maria, is dead. De bonis non is a designation for a secondary administrator of an estate, when the first is not available).

In January 1913, Floyd sent notification to all living descendents over the age of 21 of William W. Capin that he plans to dispose of the estate according to his own devices.

On 11 February 1913, Harriet (Capin) Curtis, William W. Capin's eldest living daughter (all the sons are dead), successfully petitions to be named administrator of Maria A. Capin's estate.

The legal kerfuffle seems to stop at this point.

So my question is this:

Since Maria Capin was named administrator of William W. Capin's estate, and then Harriet was named administrator of Maria's estate, did this then supercede Floyd's earlier claim as de bonis non (secondary) administrator of William's estate?

My suspicion is that she might have been seen to have a legally better claim to the estate, being a daughter rather than a grandson. She was also older than Floyd's father Bert. This being 1913, would she have had a better shot at making this stick, even though she was female?
SubjectAuthorDate Posted
bcfrench 1312416152000 
LeCalvin 1312979389000 
bcfrench 1313015918000 
DaughterOFDia... 1314508241000 
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