In re the Estate of Eggers

OPINION OF THE COURT

C. Raymond Radigan, J.

This is an application for withdrawal of funds on deposit with the Comptroller of the State of New York. The will of Ernestine Eggers was admitted to probate on September 13, 1974. Under its terms, the testatrix bequeathed $25,000 and a portion of her residuary estate to her nephew, Joseph Matuscik, described in article third as the son of the testatrix’ deceased brother, Michael, living in Puchov, Czechoslovakia.

When the executors attempted to transmit the legacy to Czechoslovakia, they discovered that Joseph Matuscik had died and the money was…