In re the Estate of Van Bokkelen

Delehanty, S.

In this discovery proceeding the administrator of deceased seeks to recover an alleged overpayment to a creditor of this insolvent estate. Respondent creditor was not paid by the petitioning administrator or his predecessors nor from any assets within this State or under the jurisdiction of this court. The creditor received payment in the Argentine from assets located there.

Although original letters have been issued to petitioner, my colleague, Mr. Surrogate Foley, has already held that these letters are ancillary in nature as deceased was domiciled in the Argentine. (Matter of…