49 N.Y.S. 574 | N.Y. Sur. Ct. | 1897
This proceeding has been instituted by the temporary administrator of the estate, appointed under subdivision 1 of section 2670 of the Code of Civil Procedure, pending delay in tlieprobate of the will, for a judicial settlement of his account. He is also the sole surviving executor of such will, and acting as such under letters testamentary granted to him upon the admission of the same to probate in November, 1895. Objections were filed to the account by several of the next of kin, but these have been withdrawn. Objections have also been filed by the special guardian on-
The powers of a temporary administrator are limited by the provisions of the Code in respect to that office, and if the property which is the subject of the controversy here was part of the individual estate of the decedent, of which alone the accountant was appointed temporary administrator, then his action in making s sale or transfer of such property without an order of the court was-