10 Misc. 198 | N.Y. Sur. Ct. | 1894
An application by a receiver in supplementary preceedings to compel an executor to account. The testator died August 21, 1811, and letters testamentary were granted Sep
It is claimed on behalf of the executors that they should not be required to give an account of the personal property, because the will gave the widow the right to hold it during her life, and there is no proof that any part of it has since her death come into their hands. This is not tenable, because the widow was only entitled to the possession of such of the personal property as could only be used by having the possession, and possibly even such should have been converted. . The executor should, however, have retained the custody of moneys and securities, and only paid over the income. A receiver in supplementary proceedings of a judgment debtor legatee may require an accounting by an executor. In re Rainey’s Estate, 5 Misc. Rep. 367.
An order will therefore be made requiring the debtor Samuel G. Beyea (he being the only one served) to render an account.
Ordered accordingly.