In re Ball — 150 N.Y.S. 1074

Majority

p. 1074

In re BALL.

(Supreme Court, Appellate Division, Second Department.

November 20, 1914.)

Headnote

In the matter of the accounting of John Oscar Ball, as trustee -under the last will and testament of Mary Caulfield, deceased, as to the trusts for John A. Caulfield, for Thomas J. and for Annie M. Caulfield.

The decrees of the Surrogate’s Court of Kings County are affirmed, with

p. 1075

costs. We are constrained to hold that the stipulation, which shows that the appellant has recovered and returned to the estate the amount of tne second mortgage investments, cannot be considered upon this appeal, because it appears tnat such recovery and restoration occurred aner the accounting and after the decrees of the .surrogate were entered. See, also, 161 App. Div. 946 , 146 N. Y. Supp. 1083 .