In re the Estate of Kerr

OPINION OF THE COURT

Renee R. Roth, S.

Incident to this application for letters of administration, the court is required to determine whether the nonresident alien fiduciary of decedent’s postdeceased brother is eligible to consent to the appointment of an administrator in decedent’s estate.

Decedent, Elizabeth Bloomer Kerr, died intestate on February 20, 1993 survived by five Canadian siblings, one of whom postdeceased. The four surviving siblings, as well as the fiduciary of the estate of the postdeceased brother, all non-domiciliary aliens, seek to designate a New York attorney to serve as…