104 Misc. 219 | N.Y. Sur. Ct. | 1918
Meehan filed a petition in this court alleging that he was a creditor of John T. Meehan, deceased, and praying for a citation directing the administratrix of John T. Meehan’s estate to judicially settle her account as administratrix.' The respondent filed an answer in which she alleged that the petitioner was not a creditor of John T. Meehan and was not a person interested in his estate. The issue raised by the pleadings was tried before me, and ,from the evidence submitted on the trial it appears
Jane Meehan, the cestui que trust, survived John T. Meehan, the trustee, and died on March 4, 1915. No substituted trustee was appointed upon the death of John T. Meehan.
Letters of administration upon the estate of John T. Meehan were issued by this court to his widow, and she duly advertised for claims and distributed the estate, but she did not file an account of her proceedings as administratrix. No' claim was filed by the petitioner within the time mentioned in the advertised notice for the presentation of claims to the administratrix.
Section 2727 of the Code provides that a petition praying for the judicial settlement of the accounts of an executor or administrator may be presented by ‘ ‘ a creditor or a person interested in the estate or fund.” The question presented to the court for determination is whether the petitioner is a person interested in the estate or fund within the meaning of those words in
There is nothing in the record to show that at the
The only person who would have the right to demand from the administratrix of the estate of John T. Meehan the corpus of the trust fund is a substituted trustee appointed by the Supreme Court to execute the trust. The administratrix has no power or authority to execute the trust, and therefore she could not pay the corpus of the trust fund, even if it came into her possession as administratrix of the estate of John T. Meehan, to the remaindermen. The distribution of the trust fund must be made by a substituted trustee. The petitioner, therefore, is not a person interested in the estate of John T. Meehan, and his application to compel the administratrix to account is denied.
Decreed accordingly.