135 Misc. 877 | N.Y. Sur. Ct. | 1924
The application for the fifing of a compulsory account is denied. It is clear from the evidence that a complete disclosure of the condition of the estate was made to the petitioner, Perry H. Voislawsky (now known as Perry H, Voyce) in the year 1911. A written account, accurately setting forth each item of the assets of the estate and the receipts and expenditures of the executor, was delivered to the petitioner and his mother in March, 1911. This account was prepared under the supervision of a reputable attorney and his testimony sustains the executor’s version of the transaction. Ample opportunity was afforded the petitioner and Caroline Voislawsky to examine this account. After the lapse of three months in June, 1911, the legatees signed the following statement in writing on the account: “ We have carefully gone over the