Word: comincio
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...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...
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...
...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...
...Minister Benito Mussolini ferreted out the incident. Remembering the "consular agreement" which provides that Italy may settle the estate of any Italian citizen who dies while living temporarily in the U. S. and vice versa, Signor Mussolini instructed Consul Emanuele Grazzi at New York to file claim for the Comincio savings...
Judge Foley pondered all this in his office at Manhattan's Hall of Records. Finally he decided that: 1) Antonio Comincio had signified his desire to set up his domicile in the U. S.; 2) that domicile, not nationality, decides the succession of personal property...