In re the Accounting of Schwartz

Maximilian Moss, S.

This is an application by an alleged creditor of the decedent for an order requiring the executor to render and settle his account of proceedings. The executor opposes the application upon the ground that there are several estate matters to be determined, that petitioner has not satisfactorily explained a certain check delivered by decedent to petitioner, and that petitioner has not furnished competent proof of his claim.

Although more than one year has elapsed since letters testamentary were granted to respondent, he has not accounted. A creditor is not required to prove…