25 Misc. 279 | N.Y. Sur. Ct. | 1898
This is a proceeding instituted under section 2727 of the Code of Civil Procedure by the petitioner, claiming to be one of the next of kin of the decedent, against .the ad-ministratrix of the latter’s estate to compel an accounting by her, and it is alleged in the petition that as such administratrix certain moneys and property came into her hands for which she has never accounted. The respondent has appeared and interposed an answer admitting that .she received moneys of the ■estate and that she has not accounted, but averring that she has properly expended all such moneys, and in part in the support ■of the petitioner; and she then pleads the Statute of Limitar tions as a bar to the application. It appears that letters of .administration were granted to the respondent on September 13, 1881, and that the petitioner was then an infant, but that he arrived at the age of twenty-one years in the year 1889. 'Thus, it is conceded, that this proceeding was not commenced until seventeen years after the issuance of letters and nine years after the petitioner attained his majority. According to the definition of remedies by the Code of Civil Procedure this is a special proceeding, but the rule of limitation applicable thereto is the same as if it were a civil action. Code
Petition dismissed.