In re Ancillary Letters of Administration With the Will Annexed of McShane

Fowler, S.

Prior to the amendment to section 2697 of the Code of Civil Procedure it was decided by the surrogate of Kings county in Matter of Estate of Catherine Wise, Deceased, 2 Civ. Pro. Rep. 230, the court construing that section in connection with section 2695 of the Code of Civil Procedure, that the residuary legatee of a foreign will was entitled to ancillary letters of administration with the will annexed thereon, the sole executor being dead. Section 2697 was *278amended by chapter 535 of the Laws of 1881 by adding a provision authorizing the issuance of ancillary letters to a person not…