In re the Estate of Klein

Wingate, S.

In the opinion of the court the learned referee has overlooked the basic theory underlying section 206-a of the Surrogate’s Court Act. The history of this enactment, was recounted in Matter of Mathesen (161 Misc. 367, 369, 370). It was merely a particular codification of the authority which this court had previously asserted and exercised in Matter of Enright (149 Misc. 353) of compelling its fiduciaries to do justice to all men in respect to the affairs of their decedents.

In the present case it is amply established, the administratrix has admitted, and the referee has found, that…