In re Gregory — 21 N.Y. St. Rep. 871

Majority

p. 871

In the Matter of Robert A. Gregory, Deceased.

(Supreme Court, General Term, First Department,

Filed January 28, 1889.)

Headnote

Statute of limitations—When bight to compel accounting of execuTOB BABBED.

Where the right to compel an accounting against an executor has accrued more than six years before the presentation of the petition, a proceeding therefor is barred by the statute of limitations. Following Matter of Vandyke, 44 Hun, 394 .

Appeal from decree of surrogate dismissing petition for an accounting. .

Porter & Kilvert, for app’lt; Jas. Flynn, for resp’t.

Under the rule laid down in the Matter of Vandyke ( 44 Hun, 394 ), it appearing upon the face of the petition that the right to institute the proceedings against the executor to compel an accounting had accrued more than six years before the presentation of the petition, this proceeding for such accounting is barred by the statute of limitations. Although the debt may not be barred by any statute of limitations, this proceeding clearly is.

The order should be affirmed, with ten dollars costs and disbursements.

Daniels and Brady, JJ., concur.