Pagano v. Cerri

Citations

• 93 Ohio St. (N.S.) 345

Syllabus

<p>Administration of estates — Aliens dying intestate in Ohio — Foreign consuls eligible to appointment — Section 10617, General Code —Article 14, treaty of ign with Sweden — But not entitled to prior, paramount right, when — Article 17, treaty with Italy— Most-favored-nation clause.</p> <p>1. Where a subject of the Kingdom of Italy died intestate in this state, leaving a widow and two minor children, residents and subjects of the Kingdom of Italy, the Italian consul is not entitled to the prior, paramount and exclusive right of administration, but is eligible to such appointment under the fourth subdivision of Section 10617, General Code, subject to the exercise of the discretion of the probate court of such county.</p> <p>2. Article 14 of the treaty of 1911 between the United States of America and the Kingdom of Sweden provides: “In the event of any citizens of either of the two contracting parties dying without will or testament, in the territory of the' other contracting party, the consul-general, consul, vice-consul-general, or vice-consul of the nation to which the deceased may belong, or, in his absence, the representative of such consul-general, consul, vice-consul-general, or vice-consul, shall, so far as the laws of each country will permit and pending the appointment of an administrator and until letters of administration have been granted, take charge of the property left by the deceased for the benefit of his lawful heirs and creditors, and, moreover, have the right to be appointed as administrator of such estate.”</p> <p>Article 17 of the treaty between the United States and Italy provides: “The respective consuls general, consuls, vice-consuls and consular agents, as likewise the consular chancellors, secretaries, clerks or attaches, shall enjoy in both countries, all the rights, prerogatives, immunities and privileges which are or may hereafter be granted to the officers of the same grade, of the most favoured nation.” Held:</p> <p>(a) These provisio