Decedent’s son, a beneficiary under a will admitted to probate, moved to restore a prior application to the calendar and an order to compel an interim account. Executor, decedent’s daughter, in a stipulation between the parties, agreed to market two real properties and provide an interim and final informal accounting of estate assets and expenses. The court noted the son received an interim account as provided for under the stipulation, but believed it was inaccurate. Accordingly, the court noted it appeared the terms of the parties’ prior stipulation were complied with, thus there was no basis to change the “withdrawn” marking regarding that prior action. Hence, the court denied the motion to restore the prior proceeding. The court noted letters testamentary issued July 2012, and the Easthampton property was sold in May 2013. However, the court noted it was unclear if the Bronx real property was sold, thus it found it was in the best interests of the estate to compel the executor to file and serve an intermediate account in the event the Bronx property was not sold, or to file and serve a final account, if it was sold.
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