In re Gray

Wingate, S.

The issue in this proceeding is simple and concerns the right of the administratrix, who is a daughter of the decedent, to a solution of her claim for payments of money to and for the decedent.

Although her account purports to have allowed and paid this claim, no action on her part could produce this result, since section 212 of the Surrogate’s Court Act provides that “ an executor or administrator shall not satisfy his own debt or claim out of the property of the deceased until proved to and allowed by the surrogate ” (Matter of Gentry, 139 Misc. 759, 772), and in its…