In re the Estate of McCullough

Wingate, S.

Edward J. McCullough is admittedly a distributee of this estate and as such possessed a chose in action in the form of a right to compel its due administration according to law. Upon appointment, his receiver in supplementary proceedings became vested with this right pursuant to an assignment by operation of law (Matter of Leverich, 135 Misc. 774, 782; affd., on opinion of this court, 234 App. Div. 625; Matter of Ziemba, 165 Misc. 853, 857), and as such assignee the latter is entitled to petition for the appointment of an administrator d. b. n. (Matter of Kassam, 141 Misc. 366,…