In re the Estate of Dougherty — 15 N.Y. St. Rep. 743

Majority

p. 743

Matter of the Estate of Joseph T. Dougherty.

(Surrogate’s Court, New York County,

Filed March 6, 1888.)

Headnote

Execution against administratrix—What necessary to authorize issuance of — Intermediate accounting under Code Civ. Pro., § 2723.

An application was made for leave to issue execution against the administratrix of the estate of a decedent upon a judgment recovered against her as such administratrix. The petition did not disclose the extent of the assets of the decedent, their sufficiency or otherwise to satisfy claims having an equal or prior right to payment, or whether such claims existed. Held, that information as to these points was necessay to enable the surrogate to decide whether to authorize the issuance of an execution, and that for that end the administratrix should file an intermediate account under Code Civ. Pro., § 2723.

James W. Lyddy, for judgment creditor.

—This application is for leave to issue execution against the administratrix of the estate of the decedent upon a judgment recovered against her as such administratrix. No disclosure is made by the petition, or otherwise, as to the extent of the assets which the intestate has left, or as to their sufficiency to satisfy claims having an equal or prior right to payment, or as to whether there are any such claims. It is necessary that the surrogate should be fully informed as to these matters to enable him to decide whether or not to authorize the issuing of an execution. Eor the purpose of obtaining such information, I direct the administratrix to file an intermediate account. Section 2723, subd. 1, Code Civ. Pro.; Hauselt v. Gano, 1 Dem., 36 , 38; Peters v. Carr, 2 id., 22; Sippel v. Macklin, 2 id., 219.