In the Matter of the Judicial Settlement of the Account of Proceedings of William E. Walsh and Gertrude A. Walsh, as Administrators de Bonis Non, etc., of Peter N. Phillips, Deceased, Respondents. Annie Cullen and Others, as Executrices, etc., and Others, Appellants; R. Emmet Walsh and Others, Respondents

In the Matter of the Judicial Settlement of the Account of Proceedings of William E. Walsh and Gertrude A. Walsh, as Administrators de Bonis Non, etc., of Peter N. Phillips, Deceased, Respondents. Annie Cullen and Others, as Executrices, etc., and Others, Appellants; R. Emmet Walsh and Others, Respondents. [MAJORITY] Decree of the Surrogate’s Court of Queens county modified by providing that such decree is without prejudice to bringing, in equity, a new suit which appellants may be advised to institute, wherein, by joinder of proper parties, the equitable ownership of the McDonough judgment may be finally determined, and as thus modified decree affirmed, without costs. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.