In re the Accounting of Cole

John J. Dillon, S.

In this contested accounting proceeding a question has been raised as to the right of the administrator to pay debts of the decedent and administration expenses, including attorney’s fees, since it is alleged that such payments consume a portion of the $1,000 exemption set aside for the benefit of the surviving spouse under section 200 of the Surrogate’s Court Act. The objectant has not raised any question with respect to the payment of funeral expenses since subdivision 4 of section 200 of the Surrogate’s Court Act expressly provides that where there are “ insufficient…