In re the Estate of Shearn

Samuel Fails, S.

This is a proceeding by a coexecutor for leave to resign and for the judicial settlement of his accounts as executor. Certain of the residuary legatees seek the consent of the Surrogate to the transfer of an action pending in the Supreme Court of Few York County to determine the title to premises known as 13 East 69th Street in Manhattan. Such residuary legatees have- also interposed an answer and cross petition requesting the reopening of a prior proceeding for the removal of the coexecutrix who has not joined in the petition or adopted the account.

In compliance with a…