In re the Judicial Settlement of the Account of Proceedings of Morfesi

Majority

p. 774

In the Matter of the Judicial Settlement of the Account of Proceedings of Alberto Morfesi, as Executor of the Estate of Antoinetta Bartilucci, Late of Queens County, Deceased. Joseph Spolidoro, Appellant; Alberto Morfesi, as Executor, etc., of Antoinetta Bartilucci, Deceased, Respondent.

Appeal by a creditor of an estate from an order of the Surrogate’s Court, Queens County, denying.a motion to punish the executor of the estate for contempt for failure to pay his own indebtedness to the estate. Order affirmed, without costs. The case is non one in which an executor may be punished for contempt (Baucus v. Stover, 89 N. Y. 1 , 5), and the debt was duly discharged in bankruptcy before this application was made. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

Cases cited

Baucus v. Stover 89 N. Y. 1 N.Y. 1882-04-18 at 5 p. 774