Majority
p. 686(63 Misc. Rep. 637.) In re BRISTOW. (Surrogate’s Court, Kings County. June, 1909.)
Headnote
Ambassadors and Consuls (§ 5[1] )—Powers of Consuls—Representation of Aliens in Administration of Decedent’s Estate.The Italian consul has the right to represent alien minor next of kin of a deceased Italian subject, on 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 is improvident and should be vacated.
[Ed. Note.—For other cases, see Ambassadors and Consuls, Cent. Dig. § 14; Dec. Dig. § 5.[1] ]
Judicial settlement of account of Walter M. Bristow, administrator with will annexed of Henry Bristow, former Public Administrator of Kings County, as administrator of Guiseppe Tepedino. On motion to set aside appointment of special guardian for minor next of kin.
Granted.
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.