In re the Accounting of Lukin

John D. Bennett, S.

This is a petition to compel the judicial settlement of the account of the administratrix. The petitioner alleges that he is a judgment creditor of the decedent by reason of a United States District Court judgment in the amount of $42,000 against the decedent. The answer filed by the respondent denies that the petitioner is a judgment creditor.

As a first affirmative defense, the administratrix alleges that since distribution took place more than one year after letters were issued to her without the filing of a notice of claim, she cannot be compelled to account. Although…