Majority
p. 637Matter of the Judicial Settlement of the Account of Walter M. Bristow, Administrator with the Will Annexed of Henry Bristow, Former Public Administrator of the County of Kings, as Administrator of the Goods, Chattels and Credits Which Were of Giuseppe Tepedino, Deceased. (Surrogate’s Court, Kings County, June, 1909.)
Headnote
Appearance — Authority of right to appear — Right of consuls under treaties with foreign governments.Consuls—'Appearance in litigation afiecting foreign interests—'Italian consuls.
The Italian consul has the right to represent alien minor next of kin of a deceased Italian subject upon the judicial settlement of the accounts of the administrator of the deceased; and the appointment of a special guardian for such minors after the consul has appeared in the proceeding is improvident and should be vacated.
Proceeding upon the judicial settlement of the accounts of an administrator.
p. 638
George Eckstein, for administrator.
Gino C. Speranza, for Italian consul.
Edward J. Fanning, special guardian.
The right of the Italian consul to represent alien minor next of kin of a deceased Italian subject upon an accounting by the administrator of the estate of such deceased must be recognized.
In this case appearance for next of kin of the class described was duly made by an attorney delegated by the Italian consul.
The appointment, thereafter made, of a special guardian for the Italian infants was improvident and must be set aside.
Decreed accordingly.