
    Matter of the Judicial Settlement of the Account of James Taylor, Executor of the Estate of William Tunstill, Deceased.
    (Surrogate’s Court, Kings County,
    February, 1909.)
    Surrogates’ Courts — The court and its officers — Powers of successor — Completion of proceedings.
    "When the term of office of a surrogate, before whom a proceeding for the judicial settlement of an executor’s account has been heard, expires after he has made a decision but before the findings and decree are completed, his successor in office may sign the findings and make the decree.
    Motion to vacate a decree.
    
      James E. Delaney, for executor.
    Henry Herrold, for Marie Kennerer.
   Ketcham, S.

This is a motion to vacate a decree on the ground that the surrogate had no power to make the same or the findings upon which it was based.

The former surrogate, after a trial, rendered a decision and, when his term of office expired, had not made proposed findings and decree, which were presented by one of the parties for his signature. These findings and decree were left uncompleted and unsigned when the surrogate’s term of office expired and have since been signed by his successor.

The act sought to be vacated was required of the present surrogate by section 2481 of the Code, subdivisions 8 and 9, and the motion must be denied.

Motion denied.  