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In re Siesel's Estate

2 N.Y.S. 704 Court N.Y. Sur. Ct. Decision date 1888-10-22 English

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p. 704
In re Siesel’s Estate.
(Surrogate’s Court, New York County.
October 22, 1888.)

Headnote

Executors and Administrators—Accounting—Reverence.
The intermediate account of an administratrix will not be referred, to settle objections thereto, where the administratrix opposes the reference on the ground that within two months a year since her appointment will have elapsed, after-which time she can be compelled to render her final account.
On application for a reference to settle objections to the intermediate account of the administratrix of Simon H. Siesel, deceased.
Henry Stanton, for petitioners. Hays & Greenbaum, for administratrix.

Heretofore, on the application of certain creditors of deceased and the petitioners herein, the administratrix was required to render an intermediate account of her proceedings. To such account objections havei been filed; and now an application is made for the appointment of a referee-to pass upon the account and objections. This is opposed by the administratrix on the ground that on November 26,1888, a year will have expired since letters were issued to her, and at that time she can be compelled to render her-final account; and, if this intermediate account and objections are sent to a referee, it will entail an" additional, and apparently needless, expense upon, the estate. I think this is a reasonable ground for suspending this motion until the year has expired, at which time, if no application for the judicial settlement of her account is made by the administratrix or parties interested* this motion will be granted.