In re the Estate of Pessano

This proceeding was brought by executors and testamentary trustees for the judicial settlement of their accounts from April, 1927, to April, 1940. The account is intermediate since the trust continues and there is no distribution of principal.

The first intermediate account was settled by decree of the Surrogate’s Court of New York County, April 27, 1928. This appeal is from so much of the decree of the Surrogate, dated February 29,1944, as sustained certain objections of the special guardian and determined that five mortgage participation investments, made and reported in the account, were…