In re the Judicial Settlement of the Account of Proceedings of Durkin

191 A.D. 919 | N.Y. App. Div. | 1920

Order affirmed, with ten dollars costs and disbursements. The order requiring the committee to account was entirely right, since the committee should render a final account of his proceedings to the court by which he was appointed. (Code Civ. Proc. § 2344, as amd. by Laws of 1908, chap. 271.)^* Jenks, P. J., Mills, Putnam and Kelly, JJ., concur;- Blackmar, J.: I dissent. The petitioner is simply a general creditor of the estate, and has no standing to call the committee to account. The property and right are vested in the administrator.

* See, also, Laws of 1915, chap. 632.— [Rep.