In re the Judicial Settlement of the Account of Davenport

Church, S.

—The deceased was an Italian subject, resident -of Kings county, where he died; the sole next of kin is the *328father, residing in Italy. The public administrator was duly appointed, and is about to render his account, by which there will be a balance payable to the next of kin. The Italian consul claims the right to intervene and take possession of said balance. The same question has been before the court several times for adjudication. Matter of Tartaglio, 12 Misc. Rep. 245, in which it was held that the consul-general had the right to receive such distributive share. Matter of…