In re the Judicial Settlement of the Accounts of Mayer — 91 N.Y. Sup. Ct. 539

Majority

p. 539

Matter of the Judicial Settlement of the Accounts of Charles Mayer and Another, as Administrators, etc., of Margaret Mayer, Deceased. Charles Mayer and Louis Cohen, as Administrators, etc., Appellants; Charles Mayer, an Infant, by Special Guardian, Respondent.

Headnote

Appeal by administrators from a decree allowing their accounts — a personal claim of one of them not considered.

An appeal by administrators, from a decree of the Surrogate's Court allowing their accounts as presented, does not bring before the appellate tribunal the question of the right of one of them, as an individual, to recover a claim made by him against the estate.

Appeal by Charles Mayer and another, as administrators, etc., of Margaret Mayer, deceased, from a decree of the Surrogate’s Court

p. 540

of tlie county of New York, entered in the office of said Surrogate’s Court on the 10th day of July, 1894, passing and allowing the accounts of said administrators.

Louis Cohen, the administrator and claimant, for the appellants.

Imís Jumes ]*helps, for Charles Mayer, an infant, respondent.

The account of the administrators was settled and allowed by the Surrogate’s Court as presented, and they were not aggrieved by .the decree. The administrators alone have appealed. This does not bring before this court the question of the right of one of them, as an individual, to recover his claims against the. estate.

The appeal should be dismissed, with ten dollars costs and disbursements against the appellants personally.

Present — Yan Brunt, B. J., O’Brien and Follktt, JJ.

Appeal dismissed, with ten dollars costs and disbursements against appellants personally.