In re the Estate Herle

Wingate, S.

Although the institution of a proceeding under section 127 of the Surrogate’s Court Act for permission to sue a temporary administrator is not a novel experience, neither the diligence of the exceptionally able and experienced counsel in this *48case nor the independent research of the court have disclosed any precedent adjudicating the right of such relief in a situation similar to that here disclosed.

According to the demonstration of the record, the decedent, at some undisclosed date, opened an account with the Brevoort Savings Bank in the title of “ Louisa Herle in trust for John…