Doran v. Dempsey

The Surrogate.

A decree was made against the executor on the settlement of his account, directing the payment of a certain sum to one of the legatees under the testator’s will. Having obtained a certificate of the decree in the form prescribed by the statute (2 JR. 8., 3d ed., p. 320-, § 12), the legatee caused the same to be filed with the County Clerk, and execution to be issued thereon against the executor. The execution was returned unsatisfied, and the claimant now applies for an attachment against the executor, for not complying with the requisitions of the decree.

The Surrogate has power…