In re the Judicial Settlement of the Account of Proceedings of Morfesi , 34 N.Y.S.2d 744 ( 1942 )

Appeal by a creditor of an estate from an order of the Surrogate’s Court, Queens County, denying.a motion to punish the executor of the estate for contempt for failure to pay his own indebtedness to the estate. Order affirmed, without costs. The case is non one in which an executor may be punished for contempt (Baucus v. Stover, 89 N. Y. 1, 5), and the debt was duly discharged in bankruptcy before this application was made. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.