Majority
p. 986In the Matter of Ambrose H. Carpenter, Creditor, App’lt, for leave to sell the real property of Eleanor Greenly, deceased; Edward Sabins et al., Resp’ts.
Decree of the surrogate’s court reversed and a new hearing ordered before the surrogate’s court, with costs to abide the event. Meld, that the evidence does not show such a dispute and the rejection of the claim as to bring the case within the provision of § 1822 of the Code of Civil Procedure.