Ungrich v. Ungrich — 131 N.Y.S. 1148

Majority

p. 1148

In re UNGRICH v. UNGRICH et al.

(Supreme Court, Appellate Division, First Department.

October 13, 1911.)

Headnote

Appeal from Special Term, New York County. Action by Martin L. Ungrich against Henry Ungrich, Jr., and another, individually, and as executors of Henry Ungrich, deceased. Prom part of an order appointing a referee, defendants appeal. Modified and affirmed. See, also, 115 N. Y. Supp. 413 ; 126 N. Y. Supp. 419 .

Edward W. S. Johnston, for appellants.

Macintosh Kellogg, for respondent.

The order should be modified, by striking therefrom all after the word “referee” down to the words “and it is further ordered,” and by inserting in lieu thereof the words “to take proof of what expenses the defendants have been put to in defending the action, and to report the same to the court, with his opinion as to which should be allowed to said defendants and charged against the income, and which should be charged against the corpus of the estate.” As so modified, the order is affirmed, with $10 costs and disbursements to the appellants.