In re the Estate of Jacobs

The ten-year Statute of Limitations applies to the right of a distributee to maintain a proceeding in the Surrogate’s Court against an administrator for an accounting. (Civ. Prac. Act, § 53; Matter of Ashheim, 185 N. Y. 609, affg. 111 App. Div. 176.) The position of an administrator is the same as that of an executor in this respect. The statutory period, however, does not begin to run until the administrator has openly repudiated his obligation to administer the estate. (Matter of Meyer, 98 App. Div. 7; affd., 181 N. Y. 553; Matter of Menahan, 224 App. Div. 139.) We find no such repudiation…