In re the Judicial Settlement of the Accounts of the Surviving of Koch

Thomas, S.1

— William Steencken, the deceased executor, was also a legatee, and he is not now represented in the proceeding. The accounting can proceed, notwithstanding his death, to adjust the accounts of the surviving executor, and to determine the amount of the estate remaining in his hands, *107and to adjudge against him the costs of the litigation (Matter of Steencken, 51 App. Div. 417), but no distribution can be ordered until an administrator of the estate of Mr. Steencken is appointed and he has been brought before the court in some proper way and afforded a hearing. The assets are…