New-York tribune., 1868-12-23
THE rATuLLo EsrArE-rnE HEIRS DISCOVERED.

THE PATULL0 ESTATE-THE HEIRS DISCOVERED
The matter of the estate of David Patullo
was before the Surrogate yesterday who was com
Dandod by writ OF the Supreme Court to issue letters
OF administration the estate TO tho Public Admnstra
tor which writ mandamus, however he chose 20 dis
regard in 80 far as 1t related TO the Public Administrator
aud granted the necessary letters OF administration 70
Helen p g. Mitchell niece of the former proprietor OF
"cobweb Hah" The Following is the decision Of tho Sur
T am now served with a peremptory mandamus from
the Supreme Court, commanding no forthwith 70 issue
letters OF admnisauon on the goods chattes and cred
its Of the ibtestae, To the public administrator stimuli
taneously with the service OF this writ the petition OF
Surrogate Tho petitioner sets forth that she y resi-
dent OF this city, and Ia niece OF the ntestate that the
utestato left him surviving two nephoys, and TINS petl
toner his nieoe 40 Aforesaid and also ei c
two other who deceased and that these are the
only OF The petitioner also presents and fles
q written renuucatlon OF tho administration executed
duly proven They are non resident aliens however, and
this renuuciaon scarcely needed TO strengthen her
Surrogate must either disregard the snpreme Court
writ OF niandamus disregard the Revised statutes
as amended by tho act Of 1851 session Laws chap 782,
pago 1870 provides as follows ADMINISTRATOR ~ case
OF nosacy sha bo granted to tho relatives OF the de
ceased who would be entitled 10 succeed 70 ms peisonai
estate il they any Of them accept the same in the
following order First to his widow second, 70 s ehl-
den third 10 the father fourth. to tho mother ffth,
the brothers. sixth TO the sisters seVenth 10 tho
would be entitled share in the distribution OF me
In the city Of NewYork the Public Administrator shalI
have preference after the OF kin over creditors ana
ali other persousV Now II Is unquestionabe that tins
niece is entitled 10 the administration, ana that te IuD
lc Administrators On presence Of her application MS no
standng whatever In Court. Am precuded from ODeS'
ING The law aud granting letters her by this mandamus
by which ann commanded 10 grant thoiu 10 tne ruDuo
AdmuIsraOri In answer TO this may remark thlI "
can bo safely assumed the Supreme Court Woulo new.
haye issuCd IT. writ at least wOuln nohhott ht
have made It peremptory. had 1t known wna. nas
ihe Surrogate knew of this. case, when Was
Immediately before him. II certainly need not nave
placed itself in the attitude Of insisting upon the Ds9W
al OF these lot crs upon the Pubhe Adininlstdtor a ~
family OF the deceased In this city intending 20 Apply T
letters IA soon as practicable. Had II been so auSseu
do not doubt II would have cOncurred with the oToso
that the policy VI our law not To intrust private po
there are those who ro able and deerous 70 tako ohBo
OF their own nirs Tie maudanu5 before he has p9g
sued without the suspicion that any Kin lah Dce uls
lowered Information Of this nature. indeed Wouu not
bo likely reach Judges OF The Snprene COnfJ a oon
t would rcaeh Surrogate whose constant anu rpoVe'
husIness N Az 10 oversee and direct tho caro- or estates
and famarizO hnself with the affairs OF decciseu Pe
sons Iu fact the Supreme Court, III TINS ma, nas, Ol
course. acted solely on tho relation ahd iepIc ~
Of the Public Administrator and that fuuotiOnary VINO b
utgaut before me IN this matter hatai%ly
took no gpecial pains 20 md the next OF NH
or 10 inform the Court Of their e1lstelee' Hau
the Supreme Court possessed the SuTfOgatos bIo'IA
tDn N would scarcely have endcayored 70 assume tnc
surToeate. duties by ordering letters OF administration
10 be issued Aud t would not, ot course nave lasu
the po-tiOn Of commanding the SufrDgpc uuer ts So
ernn seal and with this potential WHIT wllch now hs De
fore TO ignore the pain pIO'siVhso ot wy 49,
rtsl Of appearng treat tho writ with dsfcspeet ft
terg of administration must be granted ana -7ueo W
Helen T. y Mitchell niece and next or KIN oI tho lhl
| tate and not the Public Admini5tTatoF' Inc ihUiuh
mn, will bc filed with ths order IN the Sprrogato Once
Il ;. Livingston, esq for the Puelo AdmlbstrHtori ID
| G1brlitu, ESQ, for The petitioner. Mrs MITCHELL