MATTER OF ROY


29 Misc.2d 118 (1961)

In the Matter of the Accounting of Dorothy A. Roy et al., as Executors of Ferdinand P. Roy, Deceased.

Surrogate's Court, Nassau County.

April 26, 1961


Attorney(s) appearing for the Case

Harry Rosenberg and David Blottner for executors. Theodore H. Beyer for Meenan Oil Co., petitioner.


JOHN D. BENNETT, S.

This is a proceeding for a compulsory accounting in which the petitioner is an alleged creditor of the decedent. The respondent executors have filed an answer denying the status of the petitioner as a creditor.

The evidence offered by the petitioner to support its position as a creditor must prove the existence, prima facie, of a debt owing by the estate to the petitioner. The question...

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