Surrogate Nora Anderson
Executor moved to vacate an order directing him to account within 30 days. Decedent left his tangible personal property and his cooperative apartment to his friend Collins, and divided his residuary estate in equal shares to Collins and a church. Executor was ordered to account upon application by Collins’ husband, Harold, as her executor. Harold sought to have executor sell the subject co-op. The court noted executor’s petition to dismiss revealed “serious misunderstandings of the law and of fiduciary responsibilities.” He asserted Harold lacked standing to compel an account as Collins died before receiving her bequest. The court noted decedent’s will had no requirement that Collins survive decedent by a specific period of time in order to be entitled to receive her bequest. Thus, as executor failed to make distributions to Collins during her lifetime, her rights to the bequests became part of her own estate, granting Harold standing to compel an accounting. Executor failed to establish grounds to vacate the order directing him to account, thus the motion was denied. Therefore, the court ordered executor to file an account of his proceedings, together with a petition for its judicial settlement.
