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MATTER OF WEIL

280 A.D. 100 (1952)

In the Matter of The Estate of Charles E. Weil, Deceased. Anne Weil, by Bank of Rockville Centre Trust Company of Rockville Centre, New York, Appellant; Public Administrator of the County of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 15, 1952.

Attorney(s) appearing for the Case

Sydney J. Schwartz of counsel (Richard J. Cronan, attorney), for appellant.

Joseph A. Cox (Joseph T. Arenson with him on the brief; attorney), for respondent.

CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur in Per Curiam opinion; COHN, J. P., dissents in opinion in which FOSTER, J., concurs.

Per Curiam.

The question presented on this appeal is whether or not a person who would be entitled to act as administrator, save only for the fact that he is an alien nonresident, may designate a trust company to act as administrator under the provisions of paragraph (a) of subdivision 2 of section 100-a of the Banking Law, as amended by chapter 221 of the Laws of 1948. The section, as amended, reads: "(a.) Any trust...

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