In re the Accounting of McCormick

Varnum, S.

The application herein was heard by Surrogate Arnold, and it has since been stipulated that the questions involved be decided by me. The prayer of the petition is that the respondent be directed to account “ as executor and trustee.” It appears that a decree judicially settling the accounts of respondent, as executor, was made by this court, in 1870. While a general allegation of fraud is now made, no evidence to substantiate such allegation is submitted. There is no valid reason given why this decree should not be permitted to stand. Matter of Tilden, 98 N. Y. 434. The sole…