Bacon v. Sayre — 137 N.Y.S. 1110

Majority

p. 1110

BACON v. SAYRE et al. ZARTMAN v. SAME.

(Supreme Court, Appellate Division, Fourth Department

October 8, 1912.)

Headnote

Action by Francis Bacon, individually and as only surviving executor of Emma Bacon, deceased, against Wellington K. Sayre and W. F. Bacon, as executors, and by George E. Zartman, as trustee in bankruptcy of Francis Bacon, bankrupt, against Wellington K. Sayre and W. F. Bacon, as executors, etc., of Weltha E. Hayes, deceased.

Order modified, by; granting motion requiring the plaintiff, Francis Bacon, to bring in George E. Zartman, as trustee, as a party defendant, and providing that all proceedings in the action brought by George E. Zartman, as trustee, be stayed and enjoined until the action brought by Francis Bacon be tried and determined or otherwise disposed of, and, as so modified, the order is affirmed, without costs of this appeal to either party.

ROBSON, J., not sitting.