In the Matter of the Judicial Settlement of the Account of Proceedings of Morton Rosenberg and Others, as Executors of and Trustees under the Will of Charles Rosenberg, Deceased.
[MAJORITY]
Upon reargument, we adhere to our former decision in this case, which points out that the decision is without prejudice to an application under section 231-a of the Surrogate’s Court Act. The allowances made under sections 278 and 279 of the Surrogate’s Court Act are costs in the accounting proceeding. We do not now pass upon the power of the surrogate to grant allowances under section 231-a. Order signed. Present — Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ.
See 218 App. Div. 845; 219 id. 734.— [Rep.
Added by Laws of 1923, chap. 526.— [Rep.
Since respectively amd. by Laws of 1923, chaps. 527, 525; Laws of 1925, chap. 581, and Laws of 1924, chap. 415.— [Rep.