In re the Estate of Moynahan

Foley, S.

This is an application by Ellen Crane to direct the payment of certain moneys deposited in the city treasury of the city of New York by the public administrator in the sum of $204.73, pursuant to a decree of this court made on April 26, 1893, in a final accounting proceeding. Under the decree, the amount was deposited to the credit of unknown next of kin of the decedent. The petitioner here claims to be a niece by blood of the decedent.

The city of New York resists the application in its first defense upon the ground that the funds are not now in the possession of the city comptroller…