Estate of Spirtos

This appeal is from an order surcharging appellant Tulla Spirtos (the removed administratrix of the estate of her husband, George N. Spirtos) in the total amount of $117,841.76. Also, a motion to dismiss appeal was filed by respondents.

George N. Spirtos died intestate on August 8, 1966, survived by his wife, Tulla, and four children. On August 10, 1966, appellant filed her petition for letters of administration, alleging that she was decedent’s wife; that four children issued from the marriage; and that the total estimated assets of decedent consisted of cash ($5,000), personal property (consisting mainly of decedent’s medical practice) ($59,000), and annual income from other sources ($1,000), amounting to $65,000. On August 24, 1966, an order appointing her as special administratrix was issued and the qualifying bond was set at $65,000.

By written agreement dated September 16, 1966, appellant sold decedent’s medical practice to Doctor Guilty for $122,000, payable at $25,000 down and the balance in equal monthly payments of $1,464.02, carrying interest at 7 percent per annum. No security for the unpaid balance was obtained from Guilty. No notice of the sale was either…