170 Misc. 1066 | N.Y. Sur. Ct. | 1939
Supplementing my original decision herein (170 Mise. 496), and without indication of the slightest doubt that the proceeding is barred by the Statute of Limitations, I hold that the representative of the deceased representative of the deceased representative of the estate may not be compelled to file an account under the provisions of section 257 of the Surrogate’s Court Act. The terms of that section confine the right to require an accounting solely from an executor or administrator of the deceased executor and do not extend it to the more remote representative in the manner sought to be accomplished in the present application. The statute wisely restricts enforcement to the fiduciary of the deceased administrator, executor, guardian or trustee. To extend it by innumerable steps to more distant representatives would subject the estates of such persons to harassment and wholly unnecessary expenditure for counsel fees in resisting the application.
Order granting motion to dismiss proceeding signed.