In re the Estate of Bernabeo

Hetherington, S.

The Royal Vice Consul of Italy, at New York, acting for two sisters of the decedent, who were residents and subjects of Italy, obtained an order on default directing the administratrix to account. Application is now made to open the default, to vacate the order and to dismiss the petition upon the ground that under the provisions of section 259 of the Surrogate’s Court Act, the consul is not a “ person interested in the estate or fund ” of the decedent, and, consequently, is not authorized to institute the proceeding.

The decedent was a naturalized citizen of the United States…