In re the Estate of Mora — 133 Misc. 254

Majority

p. 254

In the Matter of the Estate of Jose Maria Mora, Deceased.

Surrogate’s Court, New York County,-

1928.

Momsen & Freeman, for the petitioner.

N. Joseph Slicken, for the public administrator.

All of the legatees represented by the attorney-in-fact who applies for letters of administration c. t. a., are aliens, not inhabitants of this State. They are, therefore, incompetent to receive letters (Surrogate’s Court Act, § 94, subd. 3); and cannot designate another to receive letters for them (Surrogate’s Court Act, § 118; Matter of Kroog, 84 Misc. 676 , 683.) Letters will be

p. 255

awarded to the public administiator who has appeared herein for the purpose of requesting their issuance to him. Submit decree on notice accordingly.

Cases cited

In re the Petition for Letters of Administration upon the Estate of Kroog 84 Misc. 676 N.Y. Sur. Ct. at 683 p. 254