Majority
p. 848
In the Matter of the Application of Max Scott for Revocation of Letters Testamentary to Millie Scher, One of the Executors Named in the Last Will and Testament of Harry Scher, Deceased. In the Matter of the Application of John J. Ackerman for the Removal of Max Scott as One of the Executors of the Estate of Harry Scher, Deceased. In the Matter of the Application of Max Scott, as Executor of the Last Will and Testament of Harry Scher, Deceased, to Discover Certain Property of the Said Decedent Claimed to Be Withheld. Max Scott, as Executor, etc., of Harry Scher, Deceased, Appellant; John J. Ackerman, as Committee for Millie Scher, Respondent.
Motion to resettle order of tMs court dated December 19, 1932, denying motion for leave to examine, granted and order resettled so as to include an examination of the books. However, in view of the fact that upon the hearing executor Max Scott has agreed that the only item concerning which he wishes to examine the books is an item as to wMch he says there is a discrepancy, the examination should proceed before the surrogate and be limited to that item. Present — Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ. [See 237 App. Div. 840 .]