In the Matter of the Petition of Earl N. Buffett to Compel Minnie Alice Kernan, as Executrix, etc., of Arthur T. Kernan, Deceased, to Account and Render and File Her Account of Proceedings as Such Executrix. Minnie Alice Kernan, as Executrix, etc., of Arthur T. Kernan, Deceased, Appellant; Earl N. Buffett, Respondent

In the Matter of the Petition of Earl N. Buffett to Compel Minnie Alice Kernan, as Executrix, etc., of Arthur T. Kernan, Deceased, to Account and Render and File Her Account of Proceedings as Such Executrix. Minnie Alice Kernan, as Executrix, etc., of Arthur T. Kernan, Deceased, Appellant; Earl N. Buffett, Respondent. [MAJORITY] Decree of the Surrogate’s Court of Suffolk county, adjudicating the claim of Earl N. Buffett against the deceased’s estate at the sum of $9,926.18, including interest, and ordering the executrix to pay the same, modified by eliminating the last paragraph thereof, which directs payment to the claimant, and as so modified unanimously affirmed, with costs to respondent, payable out of the estate. No opinion. Present — Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ.