141 N.Y.S. 1103 | N.Y. Sur. Ct. | 1913
Carmine D’Adamo, an Italian subject, died in Jefferson county December 9, 1912, intestate, leaving a widow and one child, his only next of kin, residing in Italy. His death was accidental. He left other relatives, one of whom, the petitioner, Giovanni D’Adamo, resides in Jefferson county, but who is not a citizen of the United States.
The deceased left nominal assets only. It is not claimed that he left any creditors in this state. It is claimed that upon his death a cause of action arose in favor of his administrator against the New York Central & Hudson River Railroad Company for negligently causing the death of decedent. On the 12th of December, 1912, letters of administration were issued to the Italian consul upon his application. On the 18th of December, 1912, Giovanni D’Adamo filed his petition, praying for revocation of the letters issued to the Italian consul, and praying that letters be granted to himself and Fred W. Mayhew, who is the treasurer of Jefferson county. A citation was issued to the Italian consul to show cause why his letters should not be revoked. Upon the return day he appeared by counsel and claimed that by virtue of the treaty between the United States government and the kingdom of Italy, he, being the Italian consul for the district