In re the Estate of Witherow

OPINION OF THE COURT

Marie M. Lambert, S.

In this probate proceeding, the individual who propounded the instrument, and who is a legatee thereunder, seeks to be appointed an administrator c.t.a. Although uncontested, this *984application raises additional questions with reference to new SCPA 707 (1) (c), which now allows nondomiciliary aliens to serve as cofiduciaries under certain circumstances. (See, Matter of Al-Ahmad, 133 Misc 2d 338; Estate of Browne, NYLJ, Nov. 5, 1986, p 11, col 5; Matter of White, 133 Misc 2d 971.) Specifically, this court must decide whether the statute, which became…