26 N.Y.S. 121 | N.Y. Sup. Ct. | 1893
This is an appeal from a decree of the surrogate •of the county of Richmond, dismissing the application of the appellant to compel the respondents to file an account of the proceedings of their decedent as general guardian of the appellant. The appellant, Van Derzee, presented a petition to the surrogate of Richmond county, in which he stated, among other things, that he was 34 years of age; that on the 13th day of January, 1864, letters of guardianship were granted by the surrogate of Richmond county to John H. Van Cleef, in said county, appointing him general guardian of the person and estate of the petitioner; that John H. Van Cleef died on the 22d day of January, 1892, at Port Richmond, in ■said county, without having made any settlement of his accounts as •such general guardian of the petitioner; that Van Cleef left a last will and testament, which was admitted to probate by the surrogate •of Richmond county, and on the 18th day of March, 1892, letters testamentary were granted thereon to Melville E. Wygant, John ‘Croak, and Louis Kloss. Then the petitioner prays that a citation may be issued to such executors requiring them to show cause why they should not, as executors of the last will and testament of Van