Majority
p. 1023
In the Matter of the Application of Tillie E. Wagenheim, as Trustee under the Last Will and Testament of Jacob L. Wagenheim, Deceased, to Be Permitted to Resign as Such Trustee. In the Matter of the Application of Ida J. Fishman for an Order Confirming the Employment by the Petitioner of a Certified Public Accountant on Behalf of the Estate of Jacob L. Wagenheim, Deceased. Ida J. Fishman, Appellant; Tillie E. Wagenheim, Trustee, Respondent.
This is an appeal from an order of the Surrogate’s Court of Montgomery county made on the 17th day of January, 1939, denying the appellant’s application for the resettlement of an order made by the surrogate on the 24th day of December, 1938. At the time of the determination of the surrogate there were various applications pending before him relating to the trust estate. The order of December 24, 1938, was proper and correctly recited the papers upon which it was based. Order unanimously affirmed, with fifty dollars costs and disbursements to respondent against the appellant. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.