# N.Y. SCP Law § 704: Priority among different letters A person who applies in good faith therefor, and to whom letters are first issued from a court having ju..

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S704

## Section

- **Citation:** N.Y. SCP Law § 704
- **Heading:** Priority among different letters A person who applies in good faith therefor, and to whom letters are first issued from a court having ju..
- **Jurisdiction:** New York
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New York Code / Act SCP / Article 7 / Section 704

## Text

§ 704. Priority among different letters\n A person who applies in good faith therefor, and to whom letters are\nfirst issued from a court having jurisdiction to issue them, has\nexclusive authority under the letters until they are revoked. He is\nentitled to demand and recover from any person to whom letters are\nafterwards issued by any other surrogate's court the property in his\nhands belonging to the estate. But the acts of a person to whom letters\nwere afterwards issued, done in good faith before notice of the letters\nfirst issued are valid and an action or special proceeding commenced by\nhim may be continued by and in the name of the person or persons to whom\nthe letters were first issued.\n

## Nearby sections

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- [N.Y. SCP Law § 703 Letters evidence of authority; effect of appeal 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S703.md)
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- [N.Y. SCP Law § 705 Time, how reckoned upon successive letters Where it is prescribed by law that an act must or may be done within a specified time after le...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S705.md)
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- [N.Y. SCP Law § 708 Qualification of fiduciaries Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S708.md)
- [N.Y. SCP Law § 709 Objection to grant of letters or appointment of lifetime trustee Any person interested, including a nominated fiduciary, before letters a...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S709.md)
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- [N.Y. SCP Law § 712 Petition; process thereupon; suspension A petition as prescribed in the preceding section must show that the case is one therein specifie...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S712.md)
- [N.Y. SCP Law § 713 Hearing; decree Upon the return of process issued as prescribed in the preceding section the court may make a decree suspending, modifyin...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S713.md)
- [N.Y. SCP Law § 714 Certain orders or decrees of other courts to be filed in the surrogate's court Whenever the supreme court shall suspend or remove or acce...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S714.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S704. Check the current official text before relying on it. Not legal advice.
