Mitchell's Estate

Stearne, J.,

Despite the fact that the respondent’s account as administrator is presently before an auditing judge for adjudication, and is in process of audit, a petition has been filed by a creditor of a partnership whereof decedent and the fiduciary were copartners, to show cause why respondent (a) should not file an account as surviving partner and (6) “a proper account” of his administration as fiduciary of the decedent’s estate.

Certainly no new account should be filed while an audit of the present accounting of the same administration is still pending. The auditing judge has full and…