Majority
p. 739In the Matter of the Judicial Settlement of the Account of Laura Ratke, as General Guardian of the Person and Estate of Michael Gier, an Infant. Michael Gier, Late an Infant, Appellant; Josephine Kalb, as Executrix Named under the Last Will and Testament of Albert G. Kalb, Deceased, Respondent; Charles J. W. Meisel, Esq., Amicus Curiæ.
Appeal by Michael Gier from a decree of the Surrogate’s Court, Queens county, in so far as said decree adjudged that the request made by the petitioner Michael Gier for a trial by jury of the issue of forgery should be denied on the ground that the demand therefor was not timely or seasonably made, and that the same had been waived by the appellant. Decree, so far as appealed from, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Young, Hagarty, Johnston and Adel, JJ.