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In re the Judicial Settlement of the Account of Proceedings of Walsh

159 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1916-06-29 English

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p. 1148
In the Matter of the Judicial Settlement of the Account of Proceedings of William E. WALSH and Gertrude A. Walsh, as administrators de bonis non, etc., of Peter N. Phillips, deceased.
(Supreme Court, Appellate Division, Second Department.
June 29, 1916.)

Decree of the Surrogate’s Court of Queens County modified, by providing that such decree is without prejudice to bringing, in equity, a new suit which appellants may be advised to institute, wherein, by joinder of proper parties, the equitable ownership of the McDonough judgment may be finally determined, and, as thus modified, decree affirmed, without costs. Jenks, P. J., and Stapleton, Mills, Rich, and Putnam, JJ., concur.