Legal Opinion

In re the Accounting of the Acting Public Administrator

New York Surrogate's Court

Decided August 29, 1955Published

1Opinion of the Court

Collins, S.

This is a proceeding for the settlement of the account of the Public Administrator. The United States of America has filed objections to the account and asserts a claim to the entire balance in the estate. The claim is based upon the provisions of subdivision (3) of section 450 of title 38 of the United States Code upon the theory that the estate must escheat to the State of New York and that such escheat is subject and subordinate to the right of the United States Government to recapture all of the funds which it supplied for the care of the deceased, a veteran, and which created…

2Cases cited2 opinions

  1. In re the Accounting of DallyNew York Surrogate's Court · 1954
  2. In re the Judicial Settlement of the Account of HammerNew York Surrogate's Court · 1919

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