In re the Accounting of Boyle — 208 N.Y. 545

Majority

p. 545

In the Matter of the Accounting of Phœbe A. D. Boyle et al., as Executors of John Boyle, Deceased. John H. B. Boyle, Appellant; Joab H. Banton et al., as Executors of John Neuscheler, Deceased, Respondents.

Headnote

Matter of Boyle, 151 App. Div. 568 , affirmed.

(Argued February 28, 1913;

decided April 4, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 21, 1912, which affirmed a decree of the Kings County Surrogate’s Court passing the accounts of the executors of John Boyle, deceased; also appeal from an order of said Appellate Division, entered June 21, 1912, which affirmed an order of said Surrogate’s Court denying a motion to resettle its decree in the above-entitled proceeding.

p. 546

Louis Frankel and J. Holley Clark, Jr., for appellant.

Eugene D. Boyer and Charles Strauss for respondents.

Order affirmed, with costs; appeal from order denying motion for resettlement of decree dismissed, without costs; no opinion.

Concur: Cullen, Ch. J., Willard Bartlett, Hiscock, Chase, Collin and Hogan, JJ. Not voting: Werner, J.