In re the Estate of Leopold

We are called upon to determine whether, under the Surrogate’s Court Act, and particularly section 213 thereof, the surrogate has the power to direct an unwilling administrator to enter into and carry out an agreement for the compromise of an action pending against the estate, which settlement his coadministrator insists is in the interest of the estate.

Upon the return day of the motion made by respondent Schnitzler to require his coadministrator, appellant herein, to join in and carry out the proposed compromise, Lydia A. McCann, the plaintiff in an action that had been brought against Emma…