In re the Estate of Etoll

Appeal from a decree of the Surrogate’s Court of Albany County (Marinelli, S.), entered April 21,1983, which surcharged the executor and ordered that he pay certain sums plus interest to respondents. 11 Following a trial on the objections filed by respondents, the Surrogate found *936that the executor had commingled funds, omitted estate assets from the accounting, improperly transferred or diverted estate assets, improvidently continued decedent’s real estate business, improperly taken estate funds as management fees for operating the business and failed to marshall assets. The Surrogate further…