In re the Estate of Robinson — 137 A.D. 939

Majority

p. 939

In the Matter of the Estate of Agnes Hyatt Robinson, Deceased. Lawrence E. Brown, Trustee under the Will of Agnes Hyatt Robinson, Deceased, Appellant; George Hyatt Robinson and Others, Respondents.

Headnote

Appeal from an order entered in the New York county clerk’s office on the 5th day of March, 1910, granting a motion for an accounting.

As the prosecution of this special proceeding has been stayed during the pendency of an action for an accounting brought by the trustee against those interested in the estate, without passing upon the question as to whether or. not this proceeding can be maintained, the order appealed from requiring the trustee to file an account should be reversed, with ten dollars costs and disbursements, and the motion denied, with leave to the petitioner to renew

p. 940

tlie motion'if the action to settle the account of this trustee should be discontinued or not prosecuted with reasonable diligence. Present—'Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ., Order reversed, with ten dollars costs and disbursements, and motion denied, with leave to petitioner to renew motion if action to settle trustee’s account be discontinued or not prosecuted with reasonable diligence.