In re the Judicial Settlement of the Account of Proceedings of Earp

Majority

p. 651

In the Matter of the Judicial Settlement of the Account of Proceedings of Emma J. M. Earp, as Executrix, etc., of John L. Miller, Deceased.

Headnote

Executors and administrators ■ — • accounting — referee should not be appointed when questions of law only are involved.

Appeal from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on May 22, 1925, denying a motion to overrule objections and appointing a referee to hear and determine, and also from an order of said court entered on the same day, referring to the same referee a motion as part of and incidental to said account and objections.

The objections filed to the account herein as well as the order to show cause present only questions of law, all of which should be determined by the surrogate in the first instance. No question of fact is presented requiring submission to the referee. The orders appointing a referee are, therefore, reversed and the matter remitted to the surrogate for such disposition as may be proper. Present — Clarke, P. J., Dowling, Merrell, McAvoy and Martin, JJ. Orders reversed and matter remitted to the surrogate^ for such disposition as may be proper. Settle order on notice.