In re the Estate of Folmsbee

Tuck, S.

The following rule is made upon the motion of respondent’s counsel to dismiss the proceeding to compel an accounting upon the close of petitioner’s case.

Byron W. Folmsbee died leaving a will which was duly admitted to probate by the Surrogate’s Court-of Saratoga county on January 21,1932. Nellie L. Folmsbee, widow of the deceased and appointed executrix under the will, qualified and letters testamentary were issued to her.

Certain beneficial provisions were made in the will of Folmsbee for his widow and in addition a power was given her to dispose by her will to such of his relatives…