In re the Accounting of Mulligan

Frankenthaler, S.

The Consul General of the Republic of China requests delivery to him of the distributive shares payable to aliens presently resident in China. The Public Administrator, in opposition, asks that payment be made into the city treasury pursuant to section 269 of the Surrogate’s Court Act. That section empowers the court to withhold payment *500where the distributees “ would not have the benefit or use or control of the money * * * or where other special circumstances make it appear desirable ”. The question raised herein is whether payment under section 269 is permissible in light…