228 A.D. 872 | N.Y. App. Div. | 1930
We are not called upon to say whether, under section 40 of the Surrogate’s Court Act, as it read in 1919, the surrogate, in the judicial accounting of the executrix, had authority to settle a contest over the title to real estate between the executrix, who was remainderman devisee of the real property, and testator’s husband, who claimed title as a cestui que trust of the testator. For such authority could not be exercised unless the question of that title were
motion denied, with ten dollars costs.