In re the Estate of Small — 279 A.D. 876

Majority

p. 876

In the Matter of the Estate of Julia R. Small, Deceased. James Gibb, as Executor of Julia R. Small, Deceased, et al., Appellants; B. Otto Jacobsen, as Ancillary Executor of Julia R. Small, Deceased, Respondent.

The charges presented, to which no answer has

p. 877

been made, are of such a serious nature as to warrant the Surrogate in making inquiry and determination of his own volition. The domiciliary executor may participate in such proceeding as a matter of comity. (Kirkbride v. Van Note, 275 N. Y. 244 , 250.) Nolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.

Cases cited

Kirkbride v. Van Note 275 N. Y. 244 N.Y. 1937-07-13 at 250 p. 877