In re the Estate of Froehlich

OPINION OF THE COURT

C. Raymond Radigan, J.

This is a proceeding by two charitable legatees to compel *707the filing of an intermediate accounting and the payment of their legacies with interest (EPTL 11-1.5 [c]; see also, SCPA 2102 [4]). In addition, the petition seeks to enjoin further ex parte applications for the payment of executors’ commissions on account under SCPA 2311 or at least that notice to them of such an application be required.

Decedent died testate on July 8, 1974 leaving a multimillion dollar estate, most of which consisted of sizeable real estate holdings and mortgages. Paragraph…