In re the Accounting of Mulholland

McGarey, S.

The issue in these two proceedings for compulsory accountings were identical and were heard as one.

The petition in each proceeding was made by the executor of a distributee of the last survivors of the decedents, whose estates are here involved, appointed in a foreign jurisdiction to compel the executors of the deceased administrator and administrator with the will annexed to account for their testator’s acts in each capacity. The respondents filed answers in each proceeding setting up identical defenses; (1) capacity of petitioner to maintain the proceeding; (2) release and…