
    Matter of the Estate of Magdalena Zeller, Deceased.
    (Surrogate’s Court, New York County,
    November, 1898.)
    Testamentary guardian — An alien nonresident will be denied letters of testamentary • guardianship.
    Letters of testamentary guardianship, under appointment by the will O of a resident, cannot be issued to one who is a resident of Germany and an alien.
    Application of Ferdinand Roscher, an alien resident of Bavaria, Germany ,e for letters of testamentary guardianship under section 2852 of the Code of Civil Procedure.
    Philip F. Schmitt, for petitioner.
    ¡No other appearance.
   Arnold, S.

The decedent, who was a resident of this county, by her will, which has been duly admitted to probate here, appointed as testamentary guardian of one of her minor children a person who is a resident of Germany and an alien, tad who now files an application in which he accepts such appointment and prays that letters of testamentary guardianship may issue to him.

In Matter of Taylor, 3 Redf. 259, it was held by Surrogate Calvin that nonresident aliens, who were appointed by the will of a resident testator guardians of his minor child, were, nevertheless, not entitled to letters of testamentary guardianship. The application in that case was made pursuant to the provisions of the Laws of 1877 (chap. 206), then in force. The provisions of that aqt are now incorporated in sections 2851, 2852 of the Code of Civil Pro-' c-edure, and Mr. Throop, in his note to the first-named section, published in his annotated Code (page 694), says that “ the effect of the act of 1877, and doubtless of the Revision thereof in this article, is that letters of guardianship cannot be issued to a nonresident, although he is appointed guardian by will.” Citing Matter of Taylor, supra. I shall follow these authorities, and, therefore, deny the application made herein.

Application denied.  