In re the Estate of Laffargue

Headnote

Matter of Laffargue, 142 App. Div. 426 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1911, which modified and affirmed as modified a decree of the New York County

Surrogate’s Court directing the executor of J. George Laffargue to judicially settle his accounts.

The following questions were certified:

“1. Has the Surrogate’s Court jurisdiction of a proceeding commenced prior to September 1, 1910, to compel an executor to judicially settle his accounts pursuant to the provisions of section 2727 of the Code of Civil Procedure, at the instigation of one whose claim of interest in the estate is dependent upon the survivorship of a person named in the will as a legatee, the fact of such survivorship being denied by a duly verified answer in the form as prescribed by section 2722 of the Code of Civil Procedure, and interposed upon the return day of the citation by the executor?

“2. In such a proceeding, has the Surrogate’s Court jurisdiction to determine the disputed fact of survivor-ship, all of the interested parties having first been cited in?”