In re the Estate of Murray

Thomas, S.

While it may be true that the apartment occupied by the testatrix was held on a letting from month to. month, and the executor could have effected a saving by removing the furniture to a storage warehouse before the will was-*505proved or letters testamentary were issued to him (People ex rel. Gould v. Barker, 150 N. Y. 52), I do not think that he can, at the instance and for the benefit of the contestant, be punished for his failure to do so. The delay in the probate was caused by the contestant, who alleged that the will, or its most important provision, was void, and that the…