N.Y. Surrogate's Court Procedure Act § 1414: When letters testamentary may be issued 1

§ 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.