In re the Judicial Settlement of Account of Proceedings of Barrows

Schulz, S.

The petitioner has brought this proceeding to compel one of the executors of the last will and testament of the decedent to account. The latter interposed an answer in which, *614among other things, he challenges the right of the petitioner to begin the proceeding in question. This makes it proper to determine her status before an accounting is ordered upon her demand. (Civ. Prac. Act, § 443, subd. 3, as amd. by Laws of 1921, chap. 372; Matter of Wagner, 119 N. Y. 28; Matter of Cook, 244 id. 63, 72; Matter of Fox, 166 App. Div. 718; Matter of Hamilton, 76 Hun, 200; Henry v. Henry, 4…