In re the Estate of Garland

Foley, S.

In this accounting proceeding of the executor, the objectant corporation asserts a claim against the estate for rent reserved under a written lease renewed for a period of one year by a holding over. The claim is disputed by the executor of the estate of the tenant on two grounds: First, that there was no holding over sufficient in law to constitute the decedent a tenant for another year, and second, that there was a surrender and acceptance of the demised term. Claims of the nature of that asserted here not infrequently arise in the administration of estates, because of the death of…