In Re the Estate of Malloy

While we do not feel that the executor was guilty of any intentional wrong, we are in accord with the conclusion reached by the Appellate Division in this case and would be content to affirm without opinion were it not for the fact that a question has been raised as to the jurisdiction of the Supreme Court to grant the judgment which was granted.

The Supreme Court is a court of general jurisdiction. It may take the account of a trustee, probate a will, and exercise jurisdiction in many other mattérs where the Surrogate’s Court also has jurisdiction. The Legislature cannot by statute deprive it…