In re the Estate of Welton

Wingate, S.

This is a further proceeding growing out of the former decision of this court (141 Misc. 674) in which the administrators of the estate are seeking to hold the surety on their bond for the alleged diversion of certain funds of the estate by an employee of the surety company.

The facts of the transaction as they were made to appear on the hearing, were that the administrators attempted to perform their duties without advice of counsel. One Frances Stewart was thought to be a distributee of the estate to the extent of approximately $7,000. Two checks were signed by the administrators,…