In re the Estate of Scheftel

Delehanty, S.

Petitioner asserts a status as creditor of deceased because of an alleged balance unpaid upon shares of its stock. Respondent executors deny such creditor status and resist this compulsory accounting proceeding on the score that petitioner is not a person interested in the estate. In these circumstances the court has not only the right but the duty to make preliminary inquiry into the status of petitioner. (Matter of Comins, 9 App. Div. 492.)

In the trial of the narrow issue so before the court considerable proof has been taken and counsel have briefed in extenso various…