Opinion
November 23, 1942.
Appeal from Kings County Surrogate's Court.
Present — Hagarty, Johnston, Adel, Taylor and Close, JJ. [ 177 Misc. 384.]
Decree, in so far as appealed from, unanimously affirmed, without costs. The Consul was not entitled by virtue of his status at common law or the provisions of an existent treaty to exercise a right which was personal to the widow. The office of the Consul is no more extensive in that respect than that of a committee of an incompetent. (See Matter of Hills, 264 N.Y. 349, 353; Matter of Brown, 212 App. Div. 677, 679.)