Majority
p. 788Josephine Johnson, Respondent, v. May F. Guernsey and Another, as Administrators, etc., of Jared B. Flisher, Deceased, Appellants, Impleaded with Another.
Interlocutory judgment reversed on the law, without costs of this appeal to either party, and a new trial granted before another referee upon the ground that' a complete determination of the controversy cannot be had without the presence of other parties. Whether the interest of Dora E. Flisher under the trust agreement was a vested or contingent remainder was a question which, in the absence of her personal representatives and heirs, may not be determined so as to bind them. (Civ. Pr. Act, § 193; Elias v. Schweyer, 13 App. Div. 336 ; Thompson v. N. Y. El. R. R. Co., 16 id. 449 .) All concur.
Cases cited
- Elias v. Schweyer 13 App. Div. 336 p. 788