In re the Estate of Karenius

Delehanty, S.

Petitioners seek to obtain from the city treasury a fund deposited therein by the administrator for the benefit of unknown kin. The sole question involved is whether petitioners are “ relatives of the deceased on the part of the mother ” of deceased. The proof shows that deceased was an illegitimate child and that his mother was also the mother of each of petitioners and that each of petitioners was born out of wedlock. The proof shows that the mother, of deceased predeceased him. •-

*653Subdivision 7 of section 83 of the Decedent Estate Law is here applicable. It says: “ If the…