In re the Estate of Rosenfeld

S. Samuel Di Falco, S.

The petitioner seeks the payment of a legacy bequeathed to her under the will of her father. Letters testamentary were issued October 19,1961, more than two years ago. The executors oppose payment of the legacy because of a pending negligence action commenced against the decedent prior to his death and a possible liability of the estate in this connection. The executors contend that the entire estate must be held as a reserve for this contingent liability (Surrogate’s Ct. Act, § 208-b, formerly § 207). In Matter of Schwartz (19 Misc 2d 203, 204), the court held: “ An…