Guaranty Trust Co. v. Ward — 157 A.D. 906

Majority

p. 906

Guaranty Trust Company of New York, as Substituted Testamentary Trustee under the Last Will and Testament of James B. Danforth, Deceased, Plaintiff, v. Reginald Henshaw Ward, as Ancillary Executor, and Lydia A. Booth, as Testamentary Trustee under the Last Will and Testament of Alice T. Lancey (Formerly Alice T. Bemis), Deceased, Defendants, Impleaded with John McAlister Howden and Susan Gertrude Bemis, as Executors and Trustees under the Last Will and Testament of Henry T. Bemis, Deceased; Carl A. Hansmann, as Ancillary Executor of the Last Will and Testament of Said Henry T. Bemis, Deceased, Respondents; Henry B. Singer, as Administrator, etc., of Joseph Avinski, Deceased, and Martha Rosenthal, Appellants, and Others.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 12th day of April, 1913, granting a motion for a bill of particulars and for a separate trial of issues.

The order should be modified by inserting the following in place of the last clause of the order: “ And it is further ordered that after the trial of the action, and the issues presented by the complaint and the answers of the various defendants are tried and determined, if it should appear that the issues presented as between the defendant Henry B. Singer, as administrator of the estate of Joseph Avinski, deceased, and Martha Rosenthal, on the one hand, and the defendants John McA. Howden and Susan G. Bemis, as executors, etc., of Henry T. Bemis, deceased, and Carl A. Hansmann, as ancillary executor, etc., of Henry T. Bemis, deceased, on the other, present a question for determination, such issues be tried separately, and that entry of final judgment in the action be suspended until such issues are tried.” As so modified, the order is affirmed,- with ten dollars costs and disbursements to the respondents as against the appellants. Present — Ingraham, P. J., Laughlin, Scott and Dowling, JJ. Order modified as directed in opinion, and as modified, affirmed, with ten dollars costs and disbursements to respondents. Order to be settled on notice.