MATTER OF SANIUK


21 A.D.2d 922 (1964)

In the Matter of The Estate of Maciej Saniuk, Deceased. Louis J. Lefkowitz, as Attorney-General of The State of New York, et al., Appellants. Bronislaw Saniuk et al., Respondents

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

July 2, 1964


REYNOLDS, J.

The sole question presented here is the correctness of the Surrogate's finding that the respondents, citizens of the Soviet Union, "would have the benefit or use or control of the money due (them)". (Surrogate's Ct. Act, § 269-a.) We construe section 269-a not as mandatory but as merely giving the Surrogate broad discretion in situations such as the present one to effectuate the decedent's intention. (See Matter of Braier,

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