In re the Accounting of Schwartz

Maximilian Moss, S.

The petitioner, claiming the status of a creditor, seeks to compel the executors to settle their account, and to reserve sufficient assets to pay the amount claimed as damages in an action for personal injuries. Petitioner, a non*204resident, instituted the action in the Supreme Court, Kings County, on May 16, 1956, for personal injuries alleged to have been sustained by himself and his infant son on June 4, 1955. Among the several objections to the relief requested, the executors urge that petitioner has no status as a creditor, and that the right to compel an accounting must…