In re the Estate of Pallonetti

Edward S. Silver, S.

In this compulsory accounting proceeding the receiver of the property of the judgment debtor legatee moves for an order striking out the executrix’ answer to his petition and directing her to render and judicially settle her account. The executrix, in opposing the motion, urges that the petitioner is not a “ person interested ” in the estate within the purview of paragraph a of subdivision 1 of section 259 of the Surrogate’s Court Act and therefore may not compel an accounting.

The court disagrees with this contention and holds that the receiver may require an accounting by…