In re the Judicial Settlement of the Account of Clay

Letters testamentary were issued to appellant on May 3, 1934. On June 24, 1935, the surrogate made a decree, in an accounting proceeding, directing the distribution of the funds of the estate. Distribution was made accordingly. It so happened that the entire net estate was directed to be paid, and was paid, to a judgment creditor of testatrix. The respondent upon this appeal was also a judgment creditor whose judgment was docketed prior to the judgment that was paid, but appellant had no actual knowledge of respondent’s judgment. Appellant did not publish a notice to creditors to present…