In re the Estate of Garrity

Wingate, S.

The application to punish the respondent for contempt for failure to pay the sums directed by the final decree must be granted. (Surr. Ct. Act, § 84, subd. 4.) The entry of the decree from which no appeal has been taken, and the time to appeal from which has expired, conclusively demonstrate the possession by the executor of assets applicable to the payments directed. (Surr. Ct. Act, § 79; Matter of Strong, 111 App. Div. 281, 284; affd., 186 N. Y. 584; Matter of Scheuer, 161 App. Div. 525, 527.)

The answer of the respondent sets forth merely that he is unable to pay. Such a defense…