Majority
p. 1040(62 Misc. Rep. 442.) In re TAYLOR. (Surrogate’s Court, Kings County. February, 1909.)
Headnote
Judges (§ 32[1] )—Expiration of Term—Powers of-Successor.Where the term of a surrogate has expired after he has made a decision in the matter of the judicial settlement of an executor’s accounts, but before the findings .and the decree are completed, his'successor may, under Code Civ. Proc. § 2481, subds: 8, 9, sign the findings and make the decree.
[Ed. Note.—For other cases, see Judges, Cent. Djg. § 159; Dec. Dig. § 32.*]
In the matter of the settlement of the. accounts ,of- James Taylor as •executor.
Motion to vacate decree denied.
James E. Delaney, for executor.
Henry Herrold, for Marie Kennerer.
This is a motion to vacate a decree on the ground that the surrogate had no power to make the same or the findings upon which it was based. • ...
The former surrogate, after a trial, rendered a decision, and, when his term of office expired, had not made proposed findings and decree," ■which were presented by one of the parties for his signature. These findings and decree were left uncompleted and unsigned when the surrogate’s term- of office expired, and have since been signed by his successor. The act sought to be- vacated was required of the present surrogate by section 2481, subds. 8, 9, of the Code of Civil Procedure, and the motion must be denied. ■
Motion denied.