In re the Estate of Schachne

Wingate, S.

This is an application by sureties under section 109 of the Surrogate’s Court Act to secure a release from further liability on the bond of the administrator. Certain equitable considerations have been advanced why such relief should not be accorded and the issue has been raised as to the authority of the court for its denial.

The germ of section 109 is found in chapter 460 of the Laws of 1837, which provided in section 29 that “ when either or all of the sureties of any administrator shall desire to be released from responsibility on account of the future acts or defaults of such…