Opinion
November 22, 1928.
Momsen Freeman, for the petitioner.
N. Joseph Slicken, for the public administrator.
All of the legatees represented by the attorney-in-fact who applies for letters of administration c.t.a., are aliens, not inhabitants of this State. They are, therefore, incompetent to receive letters (Surrogate's Court Act, § 94, subd. 3); and cannot designate another to receive letters for them (Surrogate's Court Act, § 118; Matter of Kroog, 84 Misc. 676, 683.) Letters will be awarded to the public administrator who has appeared herein for the purpose of requesting their issuance to him. Submit decree on notice accordingly.