Opinion
September 21, 1949.
Appeal from Surrogate's Court of Albany County.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ. [See 276 App. Div. 788.]
The respondent had accounted as administrator c.t.a. of William H. Keeler's estate, and as executor of Rose Gaynor Keeler's estate, and on both accountings appellant was represented by counsel and offered no objection in either case. No direct attack has been made upon either accounting. The Surrogate acted within the limits of his discretion when he denied appellant's application to examine respondent as to the assets and liabilities of these estates; and limited the examination to respondent's administration of the trust estate. Order unanimously affirmed, with $10 costs and disbursements.