In re the Application for Letters of Administration with the Will Annexed of the Goods, Chattels & Credits Which Were of Jordan

Kelby, J.:

The will of the decedent has been duly admitted to probate, and in the will Mary Jane Dickens is the sole legatee of the property of .the testator and is also named as sole executrix in said will. The executrix named is a citizen and inhabitant of the city of Manchester, Eng., and is, therefore, not competent to serve as executrix by reason of the provisions of subdivision 3 of section 94 of the Surrogate’s Court Act. That subdivision expressly declares that an alien not an inhabitant of this State is incompetent to serve as an executor. It is alleged in the petition and not…