In re the Estate of Marshall

Foley, S.

This is an application by a grandnephew of the decedent, on behalf of himself and his brother and sister, for leave to intervene in the administration proceeding and to compel the filing by the administratrix of an additional bond. The application is denied. I hold that under the provisions of section 83, subdivision 4 (former section 98, subdivision 3), of the Decedent Estate Law the petitioner and his brother and sister are not persons interested in the estate. Under.that subdivision of section 83, the real property of a decedent, not devised, and the surplus personal property,…