In re Duffey

Wingate, S.

The situation disclosed by the present application is quite extraordinary. Thomas A. Duffey died on October 22, 1930, and letters testamentary were issued to the present respondent on the twelfth of the following month. As a result of a construction of the will made by this court (144 Misc. 140) and affirmed by the Appellate Division (238 App. Div. 863), it was determined that all property of the decedent was distributable as in intestacy, one-third to the widow, and two-thirds to an infant son for whom the widow was appointed guardian.

The executor duly filed its account on April…