MATTER OF PERRY


123 Misc.2d 273 (1984)

In the Matter of The Estate of James D. Perry, Deceased.

Surrogate's Court, Nassau County.

March 12, 1984


Attorney(s) appearing for the Case

Blum, Haimoff, Gersen, Lipson, Garley & Niedergang for petitioner. Cahn Wishod & Wishod for respondent.


C. RAYMOND RADIGAN, J.

Petitioner as creditor claimant against the estate of decedent has petitioned this court to compel the executrix to account. The executrix, who is the surviving spouse and sole beneficiary of decedent's estate, resists the accounting as unnecessary and burdensome. In the alternative, she seeks a direction that the validity of petitioner's claim be determined preliminary to any court direction for an accounting (SCPA 1808, subd 5...

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