General
In the Matter of the Application for a Compulsory Accounting in the Estate of Herman E. Schoenewerg, Deceased. Richard Schoenewerg, Petitioner, Appellant; Empire Trust Company, Trustee, Respondent
252 A.D. 745·New York Supreme Court, Appellate Division·1937·NY
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Opinion
In the Matter of the Application for a Compulsory Accounting in the Estate of Herman E. Schoenewerg, Deceased. Richard Schoenewerg, Petitioner, Appellant; Empire Trust Company, Trustee, Respondent.
[MAJORITY]
Order entered October 15, 1936, reversed and matter remitted to the surrogate of the county of New York for trial of the cause on the merits. Appeal from order denying petitioner’s motion for resettlement dismissed. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; O’Malley, J., dissents and votes for affirmance. [160 Misc. 819.]