In re the Estate of Jiavaras

Delehanty, S.

On this application to punish an accounting fiduciary for contempt because of bis failure to pay over to the parties in interest the moneys due them, objection is made that the court is without power to punish an estate representative for contempt on an application made by a surety who under its bond has paid the whole or part of the amount directed by the decree.

The objection is untenable. In support of it the defaulting fiduciary cites Matter of Springer (238 App. Div. 305; appeal dismissed, 262 N. Y. 678). It should be noted that in the cited case the appeal to the Court of…