Majority
p. 840
In the Matter of the Application of Max Scott for the Revocation of Letters. Testamentary to Millie Scher, One of the Executors Named in the Last Will and Testament of Harry Scher, Deceased. Max Scott, as Executor, etc., of Harry Scher, Deceased, Appellant; John J. Ackerman, as Committee for Millie Scher, Respondent. In the Matter of the Application of John J. Ackerman for the Removal of Max Scott as One of the Executors, etc., of Harry Scher, Deceased. John J. Ackerman, as Committee for Millie Scher, Respondent; Max Scott, as Executor, etc., of Harry Scher, Deceased, Appellant.
Order of the Surrogate’s Court of Westchester county removing appellant as executor reversed on the law, without costs. On this record the surrogate was not warranted in removing the executor. Order directing executor to file accounting affirmed. Order denying motion for leave to examine reversed on the law and application granted; examination to proceed on five days’ notice. The recitals in the order indicate that the executor did not have an opportunity for a full examination. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.