MATTER OF KERRIGAN


28 Misc.2d 570 (1961)

In the Matter of the Accounting of Margaret Kerrigan, as Administratrix of The Estate of Herbert T. Kerrigan, Deceased.

Surrogate's Court, Nassau County.

March 7, 1961


Attorney(s) appearing for the Case

Edward A. Fleckenstein, as administrator de bonis non of the estate of Herbert T. Kerrigan, deceased, in person. Shorten & McHale (John A. Shorten of counsel), for Schiffmacher & Williams, respondents. Mendes & Mount (Frederick K. Hackett of counsel), for Parrish & Co. Austin & Du Pont (Francis J. Murphy of counsel), for Fireman's Fund Ins. Co.


JOHN D. BENNETT, S.

This court has before it four motions made by various attorneys in this proceeding in a commendable attempt to straighten out the confusion which has arisen herein. Such confusion has been brought about in part by the administrator d.b.n., who has made a sudden reversal of policy which is hereinafter set forth. However, as he stated in open court, no one can compel him to sue someone he does not want to sue, and the court must...

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