In re the Accounting of Coyne

The executor appeals from a decree of the Surrogate’s Court, Westchester Comity, settling his account as executor, "whereby items relating to income and expense in connection with certain real estate and claims for accrued rent, by reason of a devisee’s possession thereof, were eliminated therefrom. The controversy concerns the right of the executor to set off against such devisee’s share in the estate the amount of rent due from her under a written agreement entered into by all the heirs and devisees, permitting her to occupy the premises at a monthly rental of $25. The Surrogate’s. Court…