In re the Estate of Saniuk

Appeal from an order of the Surrogate’s Court, Ulster County, directing the Comptroller to pay over to respondents’ attorneys in fact certain sums of money held for them as distributees of the estate of Maciej Saniuk. The sole question presented here is the correctness of the Surrogate’s finding that the respondents, citizens of the Soviet Union, “would have the benefit or use or control of the money due (them) ”, (Surrogate’s Ct. Act, § 269-a.) We construe section 269-a not as mandatory but as merely giving the Surrogate broad discretion in situations such as the present one to effectuate…