In re the Accounting of Goldberg

Stevens, J. (dissenting).

This is an appeal by the administrator from a decree of the Surrogate settling his account pursuant to section 260 of the Surrogate’s Court Act which directed payment of the claim of Anna Kramer, a niece of the decedent, in the sum of $2,000. Appellant requests in the notice of appeal that this court exercise its powers under section 309 of the Surrogate’s Court Act.

The deceased, Jacob Goldberg, a resident of The Bronx, died intestate April 24,1954, leaving him surviving a Avife, from Avhom he was separated, and several children. The assets of the estate, consisting…