Petitioner, judgment creditor of a legatee of the estate of Leopold Edelmuth, deceased, has a garnishee execution under section 684 of the Civil Practice Act against the income due and to become due to one Bella G-reenbaum, life beneficiary of a trust fund established under the will. The garnishee execution was served upon the executor and trustee on April 25, 1937, but no payment has been made.
We think the learned Surrogate properly denied petitioner’s demand for a compulsory accounting in the estate. As defined by subdivision 10 of section 314 of the Surrogate’s Court Act, petitioner is neither an assignee nor a person otherwise interested in the estate but has a remedy by action against the
The order appealed from should be affirmed, with twenty dollars costs and disbursements.