Subject of New York

His Majesty Vittorio Emanuele III, King of Italy, Chief and Sovereign of the Supreme Order of the Annunziata, Hon. Colonel in the Spanish and Hon. General in the Swedish Army, Hon. Doctor of Laws (University of Philadelphia), sought last week through representatives before the Appellate Division of the Supreme Court of the State of New York to prove that he is the heir of one Antonio Comincio, a Manhattan peddler who died in 1925 leaving an estate of $1,000.

Naturally it was not a question of money. It was a question of principle. The King contended that Peddler Comincio, after 41 years residence in the U. S. (during which time he was not naturalized), died a subject of His Majesty and died intestate (without making a will). Therefore it was contended that in this case an Italian law which makes the King the "natural heir" of subjects who die intestate should apply. Last year a New York surrogate's court decided against His Majesty (TIME, July 8, 1929). The case was appealed.

In sustaining Surrogate James A. Foley's decision last week the Supreme Court of the State of New York decided that the estate of Peddler Comincio should revert to the State of New York as he died therein intestate and without relatives. "The contention that he may have been a subject of the King of Italy and not of New York," said the Court, "must be overruled. . . . His intent to abandon his domicile of origin and to establish and maintain a domicile in this country is clearly established."

Said Attorney Joseph Slicklen. counsel for the Public Administrator, "If the King of Italy had been successful in this litigation a precedent would have been established which would have resulted in millions of dollars leaving the United States."

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