In re the Estate of Smith

Rich, J.:

This appeal is from a decree of the Surrogate’s Court of Kings county dismissing the petition for a compulsory accounting by the respondent as the administratrix of the estate of her first husband, who died leaving as his only relatives the respondent, his widow, his father, his mother, two sisters and a brother. Eight months after the death of respondent’s husband she gave birth to a posthumous child, and the learned surrogate has dismissed the father’s petition for an accounting upon the ground that he was not a next of kin of the decedent and not an interested" party to the…