
    In the Matter of the Estate of Peter J. Ryan, Deceased.
    Surrogate’s Court, Bronx County,
    December 3, 1956.
    
      E. John Ernst, Jr., for John J. Fitter, petitioner.
    
      Edwin L. Smart and Frank McCabe for Carroll E. Blessing and others.
    
      Jacob K. Javits, Attorney-General, for Hudson River State Hospital.
    
      Denis G. Mclnerney, special guardian for incompetents.
    
      Fred Feinglass and Phil J. Zichello for Mabel A. Relihan and others.
   Christopher C. McGrath, S.

It appears that the estate of deceased executrix is entitled to receive a substantial sum as undistributed income in the above estate.

The petitioner as a representative of a deceased income beneficiary is an executor of a “ residuary beneficiary ” within the intendment of subdivision 2 of section 133 of the Surrogate’s Court Act (Matter of Folsom, 3 Misc 2d 75).

Accordingly, letters of administration with the will annexed will issue to the petitioner upon filing a bond in the sum of $58,000 and otherwise qualifying pursuant to statute.

Settle decree.  