In re the Estate of Paruch

OPINION OF THE COURT

C. Raymond Radican, J.

By these proceedings petitioner seeks to compel a partial distribution to himself of $25,000, together with interest thereon at the rate of 6% per annum commencing seven months following the date of the issuance of letters testamentary (EPTL 11-1.5 [d]). This petition has been maintained independent of the accounting proceedings now pending.

The petitioner is one of five residuary beneficiaries and the only such beneficiary who has not received an advance partial distribution. Apparently for some period of time the fiduciary withheld any interim…