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MATTER OF HAMMOND

3 N.Y.2d 567 (1958)

In the Matter of the Accounting of Joseph W. R. Dally, as Administrator of The Estate of Frank T. Hammond, Deceased. United States of America, Respondent; Jacob K. Javits, as Attorney-General of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 16, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and John R. Davison of counsel), appellant in person and for Arthur Levitt, as Comptroller of the State of New York, appellant.

Paul W. Williams, United States Attorney for the Southern District of New York (Elliot Lee Hoffman of counsel), for respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

In 1953 Frank T. Hammond died intestate in a mental hospital operated by the State of New York. He had been declared incompetent several years earlier and had spent his last few years in State hospitals for the insane. No widow or other distributee has been found. Hammond's net estate of $573.96 consisted only of war veterans' pension payments received from the United States. By a Surrogate's decree...

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