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Matter of Estate of Markewitsh

Decided: June 30, 1960.

IN THE MATTER OF THE ESTATE OF MIRON MARKEWITSH, DECEASED


Nadell, J.c.c.

Nadell

The decedent, Miron Markewitsh, a resident of Paterson, died intestate on March 24, 1957, leaving as his next of kin his wife and daughter, both of whom reside in the Soviet Union. The value of the estate is approximately $9,000. The final account of Chester Stanowski, administrator of this estate, was approved on May 19, 1960. This is an application for an order of distribution.

The question in this case is whether the money involved in this estate should be sent to the next of kin in the Soviet Union, or should be deposited with the Passaic County Court for the benefit of said next of kin.

Under N.J.S. 3 A:25-10,

"Where it shall appear that a legatee, next of kin or beneficiary of a trust would not have the benefit or use or control of the money or other property due him, or where other special circumstances make it appear desirable that such payment should be withheld, the court to which the fiduciary is accountable, or, in the case of a trust where the trustee was appointed other than by a court, the superior court, on motion of any person in interest, or, failing such, on motion of the attorney general, or on the court's own motion, may direct that such money or other property be paid into such court for the benefit of such legatee, next of kin, beneficiary

of a trust, or such person or persons who may thereafter appear to be entitled thereto. Such money or other property so paid into court shall be paid out only by order of the court. * * *"

Under this statute (L. 1940, c. 148, p. 315, ยง 1), where it shall appear that the next of kin would not have the benefit or use or control of the money due him, or where such special circumstances make it appear desirable that such payment should be withheld, the court to which the fiduciary is accountable, on the court's own motion, may direct that such money be paid into the court for the benefit of such next of kin.

This statute was applied in In re Volencki's Estate , 35 N.J. Super. 351 (Cty. Ct. 1955), where Judge Bennett ordered that money due beneficiaries, residing in the People's Republic of Hungary, should be deposited into court in New Jersey for the benefit of said beneficiaries. Judge Bennett, at page 352, mentioned that this statute was enacted by the New Jersey Legislature in 1940 and was patterned after an earlier New York statute, and that the statute, together with the statutory history in New York, was discussed in the case of In re Url's Estate , 7 N.J. Super. 455 (Cty. Ct. 1950), appeal dismissed 5 N.J. 507 (1950). The administrator, asking for an order of distribution in the Volencki case, requested the court to utilize N.J.S. 3 A:25-10 and referred to the decision of the New York court in Matter of Siegler's Will , 284 App. Div. 436, 132 N.Y.S. 2 d 392 (App. Div. 1954).

The Url case and the Volencki case were cited by our Supreme Court in Martin v. Haycock , 22 N.J. 1, at p. 9 (1956).

In the present case, it appears by a letter from the United States Department of State, dated May 27, 1960, that, although the Federal Government places no restriction upon the transfer of private funds to individuals residing in the Union of Soviet Socialist Republics, nevertheless, attention is called to the federal regulation concerning payment by our Federal Government of annuities or similar

benefits under federal legislation to persons residing in the Union of ...


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