Opinion
279 A.D. 362 110 N.Y.S.2d 166 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.
Supreme Court of New York, First Department. February 13, 1952
APPEALS (1) from an order of the New York County Surrogate's Court (COLLINS, S.), entered April 3, 1951, which directed appellant to file an account, as executrix of John W. Springer, deceased executor of Ida W. McDonough, deceased, of the proceedings of said John W. Springer as such executor, and (2) from an order of said court, entered April 3, 1951, which directed appellant to file an account, as executrix of John W. Springer, deceased administrator de bonis non of the estate of John J. McDonough, deceased, of the proceedings of said John W. Springer as such administrator. John J. McDonough died in February, 1920, and letters of administration were issued to his widow Ida W. McDonough on February 16, 1920. The said Ida W. McDonough died December 25, 1931, and letters testamentary were issued on January 19, 1932, to John W. Springer as executor of her estate. Letters of administration de bonis non of the estate of said John J. McDonough were issued to John W. Springer on July 23, 1932. John W. Springer died on September 19, 1936, and letters testamentary were issued to appellant as executrix in December, 1936. The above-entitled proceedings to compel appellant to account were commenced on October 25, 1949.
COUNSEL
Monroe E. Stein of counsel, for appellant.
James F. Carew of counsel (Andersons&sCarew, attorneys), for respondent.
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 have applied to the Surrogate for a compulsory accounting from Cora A. Springer of the estate of her testator, John W. Springer, in administering the estates of Ida W. McDonough and John J. McDonough. Having failed to apply for such accounting within the period limited by law, this proceeding is now barred. In Matter of Rogers (153 N.Y. 316) the Court of Appeals held unequivocally that the right to compel an accounting from the personal representative of the deceased executor or administrator was barred absolutely by the Statute of Limitations after ten years had elapsed since the appointment of said personal representative.
The two orders of the Surrogate should be reversed, with costs, and the petitions denied, with costs.
DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.
Orders unanimously reversed, with costs, and the petitions denied, with costs. Settle order on notice.