MATTER OF UTASSI


20 A.D.2d 232 (1964)

In the Matter of the Accounting of Benjamin Nassau, as Administrator C. T. A. of Malvina S. Utassi, Deceased, Respondent In the Matter of the Accounting of Benjamin Nassau, as Ancillary Administrator of The Estate of Etelka Utassi, Deceased, Respondent Louis J. Lefkowitz, as Attorney-General of The State of New York, Appellant; Estate Office of the City of Lucerne, Switzerland, Respondent

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

February 4, 1964.


Attorney(s) appearing for the Case

Daniel M. Cohen of counsel (Paxton Blair with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

Louis Hayner Kurrelmeyer of counsel (Charles Angulo and Lawrence S. Lesser, attorneys), for respondents.

RABIN, J. P., STEVENS and EAGER, JJ., concur in Per Curiam opinion; STEUER, J., dissents in part in opinion, in which McNALLY, J., concurs.


Per Curiam.

We affirm the order appealed from upon the opinion of the Surrogate. We would like to note, however, that neither of the cases principally relied upon by the objectant indicates that the Swiss statute must be denied extraterritorial effect. The question here posed was not presented in either Matter of Menschefrend (283 App. Div. 463, affd. 8 N.Y.2d 1093) or

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