In re Morrison

Foley, S.

This is an application, under subdivision 6 of section 20 of the Surrogate’s Court Act, to vacate a decree settling the account of the executors and trustees on the grounds of fraud and clerical error. The decree sought to be vacated is dated March 1, 1935, and was signed by Surrogate Delehanty. The petitioner is one of two trustees. His cotrustee is the City Bank Farmers Trust Company. This application, together with the pending accounting proceeding, has been referred to me, by Surrogate Delehanty because upon a prior accounting in 1923, I.construed certain provisions of the will…