In re the Estate of Scott

This is an appeal from an order of the Surrogate’s Court, Delaware County, dismissing appellant’s request for an order requiring an accounting by the administrator of the estate of George E. Scott.

George E. Scott, Sr., died intestate on January 6, 1959 survived by his widow, his son and his daughter. The son, George E. Scott, Jr., was appointed administrator of the estate, and, *347thereafter, rather than distribute the property in accordance with the Decedent Estate Law, the three distributees entered into an agreement among themselves for the division of the decedent’s estate. Under this…