In re Estate of Chauncey

Fowler, S.

This is an application for an order directing the executor of decedent’s estate to file a bond, or in the alternative to revoke the letters testamentary issued to him by this court on the 30th of July, 1914.

The surrogate has no power to compel the executor to file a bond at this time. The objection that the circumstances of a person named as executor in a will do not afford adequate security to the legatees or creditors should be made before letters are issued. Code Civ. Pro. § 2564. After letters are issued, if the circumstances of the executor do not afford the legatees and…