In re the Estate of Simon

John D. Bennett, S.

This is a motion by the executors to strike the objections of the respondents on the grounds that the said objections were not properly served upon the executors pursuant to sections 208 and 208-a of the Surrogate’s Court Act.

The respondents have filed objections to the executors’ account due to the executors ’ failure to pay them $10,000 pursuant to a written agreement allegedly entered into by the testator and the respondents, which was signed by the testator on July 6, 1958.

The executors contend that since they were appointed on May 7, 1964, more than seven months prior…