43 Misc. 573 | N.Y. Sur. Ct. | 1904
—The deceased was an Italian subject, resident -of Kings county, where he died; the sole next of kin is the
I shall not attempt to discuss the question at length and decide which of the two is correct, as in the case before me the-question is simply whether the public administrator shall turn over the balance to the consul-general or cite the next of kin and pay him directly.
Even if we give the word “ intervene ” as used in the treaty with the Argentine Republic the interpretation placed on the same by Judge Thomas, still the right to so “ intervene ” would certainly include the right to receive the property belonging to-the alien and hence the money in question here should be paid over to the consul-general.
It is to be regretted that this important question should only arise in such small matters that there is no decision of an appellate court on the matter, and, hence, that such confusion should exist in regard to the same.
Let decree be presented accordingly.
Decreed accordingly.