In re Hojer's Estate — 95 N.Y.S. 1136

Majority

p. 1136

In re HOJER’S ESTATE.

(Supreme Court, Appellate Division, Second Department.

August 31, 1905.)

Headnote

In the matter of the estate of George W. Hojer, deceased. The partition action in this case relates only to real estate.

We think the parties are entitled to an accounting in the Surrogate’s Court, notwithstanding the pendency of that action, and that the case of Ludwig v. Bungart, 48 App. Div. 613 , 63 N. Y. Supp. 91 , cited by the learned surrogate, is not controlling under these circumstances. Qrder dismissing proceedings reversed, and the matter remitted to the Surrogate’s Court of Kings county for disposition.

Cases cited

Ludwig v. Bungart 48 App. Div. 613 N.Y. App. Div. 1900-03-13 p. 1136