143 N.Y.S. 662 | N.Y. App. Div. | 1913
Plaintiff’s half-brother, Michael Curran, born in Astoria, N. Y., on December 23, 1834, lived there with his father and stepmother until 1861, when he entered the Federal army, but reappeared at his sister’s home about the fall of 1863 and stated that he had deserted and had been quietly living in the city of New York, and expressed the view that he would not be found as he had enlisted under the name of Richard Rockett. He
“And it appearing to the court by all the proceedings herein and by said interlocutory judgment that the defendant Michael Curran and the unknown defendants above mentioned were served with the summons herein by the publication thereof and that neither said defendant Michael Curran nor said unknown defendants have appeared in this action and that said defendant Michael Curran would if living be entitled to the remaining equal one-sixth share of said proceeds, but that it could not with reasonable diligence be ascertained whether said defendant Michael Curran was living or not or whether if living he has a wife or whether if deceased he left a widow or children or descendants or whether he left a last will or whether he ever made any disposition of his interest in said premises or if said defendant Michael Curran is deceased whether he died prior to or since the death of Eev. Michael Curran, deceased, mentioned in said interlocutory judgment.
“ It is further ordered, adjudged and decreed that said referee pay the said remaining equal one-sixth share of the residue of said proceeds to the treasurer of the County of Kings to the credit of this action, to be invested in permanent securities at interest for the benefit of said defendant Michael Curran or said unknown defendants or such other person or persons as are entitled thereto until claimed by him or them or his or their legal representatives, but such payment so to be made to said county treasurer shall be without prejudice to the right of any party to this action or of any other person interested in said share at any time to make application therefor or for any part thereof or for a different disposition of the same upon such terms and conditions as to this court may seem proper and just and that any party to this action may apply at any time for such other or further relief in the premises as may be just and ¡proper.”
Jenks, P. J., Burr, Rich and Stapleton, JJ., concurred.
Order affirmed, without costs.