In Re the Accounting of Zalewski
New York Court of Appeals
I. The authority granted by treaty to the Consul-General of the Republic of Poland to appear for heirs and legatees in the administration and distribution of estates embraces the right to appear in behalf of a surviving spouse. (Bocea v. Thompson, 223 U. S. 317; Matter of D’Adamo, 212 N. T. 214.) II.
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I. The authority granted by treaty to the Consul-General of the Republic of Poland to appear for heirs and legatees in the administration and distribution of estates embraces the right to appear in behalf of a surviving spouse. (Bocea v. Thompson, 223 U. S. 317; Matter of D’Adamo, 212 N. T. 214.) II. Consular representatives are ¡authorized, by virtue of their office, to represent the interests of absent, minor or incompetent nationals of their state within their consular districts in proceedings before the courts or other authorities of the receiving state, and to initiate and defend…
1Opinion of the CourtDesmoNd, J.
We gave permission for this appeal so that we might pass on this question: can the Consul-General of the Eepublic of Poland, under the existing treaty between his government and the government of the United States, and without direct authorization by, or communication from, his national who resides in Poland, validly exercise on her behalf the right accorded her by section 18 of the Decedent Estate Law, to “ take against the Will ” of her late husband? The will’s only provision for the absent wife is a legacy of $100. Since the net estate amounts to about $8,500, it is obviously to her…
2Cases cited24 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Hauenstein v. LynhamSupreme Court of the United States · 1880
- Geofroy v. RiggsSupreme Court of the United States · 1890
- Matter of ByrnesNew York Court of Appeals · 1933
- In Re the Will of HillsNew York Court of Appeals · 1934
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- In re the Estate of HerterNew York Surrogate's Court · 1948
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