In re the Judicial Settlement of the Account of Spinner

We think that the learned surrogate erred in directing that the administratrix-appellant file her account together with a petition for its judicial settlement upon respondent’s claim that he was a creditor of the estate of deceased. The determination that claimant was a creditor of the estate is not warranted by the evidence adduced to establish the claim. Except for the unsatisfactory oral testimony of claimant, which was received in evidence without objection, and that of the decedent’s partner, which was neither clear nor convincing, there is no proof, documentary or otherwise, to sustain…