In re the Estate of MacMillan

Schulz, S.

No person is nominated as executor in the will of the decedent, nor does the same contain any power by which such an executor may be selected, and hence the provisions of section 133 of the Surrogate’s Court Act apply. These provide that under such circumstances, letters of administration with the will annexed shall issue to the persons there set forth “ upon the application of a creditor of the decedent, or a person interested in the estate of the decedent, * *

The petitioner is a person interested in the estate of the decedent and, although a non-resident alien, has the right to…