Estate of Liesel — 18 N.Y. St. Rep. 392

Majority

p. 392

Estate of Simon Liesel.

(Surrogate's Court, New York County,

Filed October 22, 1888.)

Headnote

Subbogate’s cotjbt—Refebence to pass on intebmediate account of adMINISTBATBIX AND OBJECTIONS—GbOUNDS FOB SUSPENSION OF APPLICATION FOB.

, Certain objections to an intermediate account of an administratrix having been filed, an application was made for the appointment of a referee to pass upon the account and objections. This application was opposed by the administratrix because nearly a year had elapsed since the issuance of letters to her, and at the expiration of that period she could be compelled to render a final account, and the granting of the application would involve needless expense to the estate. Held, that this furnished sufficient grounds for the suspension of the motion until the expiration of the year.

Hays & Greenbaum, for adm'rx; Henry Stanton, for creditors.

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 have 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.