Citation Numbers: 28 Misc. 2d 633
Judges: Bennett
Filed Date: 5/24/1961
Status: Precedential
Modified Date: 2/5/2022
This is an application by the Consul (reneral of the Federal Peoples Republic of Yugoslavia for an order directing the Treasurer of Nassau County to pay to the petitioner the sum of $4,509.04, on deposit for the benefit of certain beneficiaries of this estate residing in Yugoslavia.
Under section 269-a of the Surrogate’s Court Act, this court has the authority and responsibility of withholding payment of estate funds payable to a beneficiary who would not have the benefit or use or control of the money or property, due Mm. The burden of establishing whether the beneficiary will receive the benefit or use or control of such money or property is upon such beneficiary, or upon the person or persons claiming from, through, or under him. ■ ■
The application accordingly will be granted. The funds from this estate on deposit with the Nassau .County Treasurer for the benefit of the alien beneficiaries are directed to be paid to the petitioner.