Majority
p. 621In the Matter of Ambrose H. Carpenter, Creditor, Appellant, for Leave to Sell the Real Properly of Eleanor Greenly, Deceased; Edward Sabins and another, Respondent.
Decree of the Surrogate’s Court reversed and a new hearing ordered before the Surrogate’s Court, with costs to abide the event Held, that the evidence does not show such a dispute, and the rejection of the claim, as to bring the case within the provision of section 1822 of the Code of Civil Procedure.