In re the Estate of Mitchell

Foley, S.

This is an application to reopen the decree dated October 11, 1935, settling the second intermediate accounting and for leave to intervene in that proceeding. The petitioner is the executor of an annuitant who was a party to the proceeding but who died on October 8, 1935, after the return of the citation but before the decree was signed.

The estate left by the decedent was insufficient to pay all the legacies in full. In the first accounting filed by the executor in 1933 an adjudication was accordingly sought as to the rights of certain legatees and annuitants to preferential payment.…