Majority
Headnote
Appeal from Special Term, New York County. Action by the Guaranty Trust Company of New York, as substituted testamentary trustee, against Reginald H. Ward, as ancillary executor, and others, impleaded with Henry B. Singer and others. From an order granting a motion for a bill of particulars and for a separate trial of issue, the impleaded defendants appeal. Modified and affirmed. Brainard Tolies, of New York City, for appellants.. Arthur C. Rounds, of New York City, for respondents Howden and others. Grenville B. Wintbrop, of New York City,_ guardian ad litem, for infant defendant Bemis. Edward R. Greene, of New York City, for plaintiff.The order should be modified, by inserting the following in place of the last clause of the order: And it is further ordered that after the trial of the action, and the issues presented by the complaint and the answers of the various defendants are tried and determined, if it should appear that the issues presented as between the defendant Henry B. Singer, as administrator of the estate of Joseph Avinski, deceased, and Martha Rosenthal, on the one hand, and the defendants John McA. Howden and Susan G. Bemis, as executors, etc., of Henry T. Bemis, deceased, and Carl A. Hansmann, as ancillary executor, etc., of Henry T. Bemis, deceased, on the other, present a question for determination, such issues be tried separately, and that entry of final judgment in the action be suspended until such issues are tried. As so modified, the order is affirmed, with $10 costs and disbursements to the respondents as against the appellants.