In re the Estate of Bloomingdale

Foley, S.

The motion of Mrs. Geanne H. B. Butler to dismiss the proceeding brought by Richmond J. Reese for the settlement of his third intermediate account and his supplemental account is denied. There is not the slightest foundation in the Surrogate’s Court Act or in the practice of this court or in the decisions for the granting of such a motion.

The executor was appointed by a decree of this court made many years ago by Mr. Surrogate O’Brien. He has acted ás co-executor with the executrix, the moving party here, for a period of over nine *844years. It appears to be contended in the papers that…