Legal Opinion

In re the Estate of Ostrowski

New York Surrogate's Court

Decided September 17, 1936PublishedCited by 2 opinions

1Opinion of the Court

Wingate, S.

By virtue of the provision of the treaty with France, its consular representative possesses the right to appear in any pending proceeding in this court on behalf of his unrepresented nationals. This right is unqualified and must accordingly be deemed to apply to one of his nationals who is an infant.

Since under the United States Constitution the power to make treaties with foreign governments is vested solely in the Federal government and such treaties, when made, are the supreme law of the land (Art. 6, § 2), it follows that any conflicting law of a State must yield thereto.…

2Cases cited4 opinions

  1. Hauenstein v. LynhamSupreme Court of the United States · 1880
  2. In re the Estate of SpanierNew York Surrogate's Court · 1933
  3. In re the Judicial Settlement of the Account of BristowNew York Surrogate's Court · 1909
  4. In re the Estate of AndersonNew York Surrogate's Court · 1935

3Cited by2 opinions

  1. In Re the Accounting of ZalewskiNew York Court of Appeals · 1944
  2. In re the Accounting of the Public AdministratorNew York Surrogate's Court · 1961

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