In re the Estate of Cluskey

Wingate, S.

The purpose of the amendment to section 257 of the Surrogate’s Court Act made by chapter 490 of the Laws of 1938, in the enactment of which this court, as an individual, was an interested and an active party, is fully reflected in the note accompanying the bill which was before the Legislature at the time of the enactment. It may consequently be deemed to demonstrate the legislative intent in the promulgation of this remedial legislation. (Matter of Derry, 161 Misc. 135, 137, and authorities cited.)

The evil to be corrected was to supply a remedy for the situation disclosed in…