In re the Accounting of the Fifth Avenue Bank of New York

Foley, S.

This is a motion in the accounting proceeding of the trustee. The executrices of testator’s widow, who under the will was the life tenant of a trust and entitled to an annuity, have asked for various forms of relief. The requests in the original notice of motion were broadened by a supplemental notice. All of the requests may be summarized as follows:(1) That the executor and trustee be required to institute a proper tax proceeding to recover the amounts heretofore paid on the compromise of the transfer tax which were determined and fixed by formal order entered in 1933 pursuant to…