In re the Estate of Gellis

Wingate, S.

This proceeding presents a novel attempt to obtain a sizeable sum of money from a surety prior to the final accounting of the administrator, by the instrumentality of the recent enactment embodied in section 115-a of the Surrogate’s Court Act (added by Laws of 1931, chap. 562). The facts alleged in the petition, which were duly substantiated on the hearing, demonstrate that the present decedent died on December 17, 1929. His son, Archibald S. Gellis, the present administrator, received letters in that capacity from this court on December 26, 1929, upon giving a bond in the sum of…