5 Redf. 440 | N.Y. Sur. Ct. | 1881
An opportunity is now offered for the proper consideration of the point discussed, which was not presented when the decree complained of was made.
I think it quite clear that the creditors of a distributee are not proper parties before me on an accounting.
As the statute now authorizes the court to decree payment to an assignee of a legatee, next of kin, etc., if the assignor wei’e to appear on such an accounting, and dispute the validity of the assignment, doubtless it would be the duty of the court to hear and determine the controversy, in order to decree payment to the person entitled thereto, but a mere creditor has no such right. The application to amend the decree in the manner sought must be granted.
Ordered accordingly.