McEvoy v. Wyman
Massachusetts Supreme Judicial Court
Two APPEALS, from decrees of the Probate Court for the county of Middlesex. Julius Saposnick, alias Sapoznik, alias Sapognick, died intestate in Cambridge in the county of Middlesex, on July 9, 1902, leaving personal property to be administered upon in that county. He was a citizen and subject of the empire of Russia and left in the United States no widow, heirs at law or next of kin; but left in Vilna, Russia, a widow and three minor children.
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Two APPEALS, from decrees of the Probate Court for the county of Middlesex. Julius Saposnick, alias Sapoznik, alias Sapognick, died intestate in Cambridge in the county of Middlesex, on July 9, 1902, leaving personal property to be administered upon in that county. He was a citizen and subject of the empire of Russia and left in the United States no widow, heirs at law or next of kin; but left in Vilna, Russia, a widow and three minor children. Charles F. Wyman of Cambridge is vice-consul of the empire of Russia at Boston, Massachusetts, and the consular representative of that empire for the…
1Opinion of the CourtLathrop, J.
On the agreed facts in this case we have no doubt that the judge of the Probate Court erred in appointing a public administrator as administrator of the estate of a Russian subject dying here intestate and leaving personal property, and in dismissing the petition of the Russian vice-consul on the ground that it did not appear that he had a legal right to be appointed administrator of the estate to the exclusion of the public administrator.
By article 8 of the treaty of 1832, between Russia and the United States, it is provided: “ The two contracting parties shall have the liberty of having in…
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