In re the Accounting of Creamer

In this proceeding to compel an executor to render an accounting, the petitioning creditor, the Bank of Commerce, appeals from an order entered in the Surrogate’s Court, New York County, on January 12,1971, to the extent that it granted the executor’s motion requiring the creditor to deliver promissory notes of four corporations in the aggregate of *34$25,000 pursuant to a stipulation between the parties. The order otherwise denied the executor’s motion which sought a $25,000 cash restoration from the creditor.

For the reasons herein stated, we reverse the order on the law and deny the executor’s…