Majority
p. 141In the Matter of the Final Settlement of the Accounts of ROBERT ABERCROMBIE, Executor, etc., Appellant.
Headnote
Appeal from a decree of the surrogate of the county of Westchester.The auditor, to whom it was referred to take and state the accounts of the appellant, having filed a report which the surrogate regarded as incomplete, he directed him to make a further report, setting forth certain facts to which his attention was called,
p. 142
as they appeared in the evidence already taken by him. The General Term held, that there was no error m requiring the auditor to make a further report, and affirmed the decree.
Wm. F. Purdy, for the appellant.
L. T. Yale, for the respondent.
Opinion by
Present — Barnard, P. J., Gilbert and Tappen, JJ.
Decree affirmed, with costs.