In re the Estate of Hungerford

OPINION OF THE COURT

C. Raymond Radigan, J.

In this probate proceeding, the proponent, who has no interest in the estate, seeks to be appointed administrator c. t. a. on the consent of the four residuary beneficiaries, two of whom are nonresident aliens. SCPA 1418- (subd 6), permits letters of administration with the will annexed to be issued to a nonbeneficiary upon the acknowledged and filed consents of all the beneficiaries “provided all the beneficiaries are themselves eligible” (emphasis added). Since two of the residuary beneficiaries are incompetent to receive letters because they are…