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MATTER OF McDONOUGH

279 A.D. 362 (1952)

In the Matter of The Estate of Ida W. McDonough, Deceased. In the Matter of The Estate of John J. McDonough, Deceased. Glen E. McDonough, Respondent; Cora A. Springer, as Executrix of John W. Springer, Deceased, who was Executor of Ida W. McDonough, Deceased, and who was Administrator De Bonis Non of The Estate of John J. McDonough, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 13, 1952.

Attorney(s) appearing for the Case

Monroe E. Stein of counsel, for appellant.

James F. Carew of counsel (Anderson & Carew, attorneys), for respondent.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

Per Curiam.

The petitions for a compulsory accounting should have been denied since such proceeding is barred by the ten-year Statute of Limitations. Petitioner had a clear right to compel an accounting when appellant Cora A. Springer was appointed by the Surrogate of Westchester County as the executrix of the estate of John W. Springer, her son. By virtue of sections 257 and 258 of the Surrogate's Court Act, petitioner, who was then sui juris, could...

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