In re the Accounting of Cambeis

Christopher C. McG-rath, S.

This is an application to compel the executrices to account. The petitioner is the husband and distributee of Julia Griasser, a deceased legatee under the will of the testatrix.

The application is opposed on the grounds that the petitioner is not a distributee or a beneficiary under the will of this testatrix and is limited to the estate of his deceased wife for the enforcement of his rights, if any.

The court is familiar with the rule laid down in many cases, among them Matter of Croker (144 Misc. 492) and the cases cited therein, to the effect that the right to…