Opinion
December 14, 1934.
Appeal from Surrogate's Court of New York County.
Albert R. Connelly of counsel [ Cravath, de Gersdorff, Swaine Wood, attorneys], for the appellant.
Charles G. Coster of counsel [ A. Ralph D'Andrea with him on the brief; A. Ralph D'Andrea, attorney], for the respondent.
Present — FINCH, P.J., MARTIN, O'MALLEY, TOWNLEY and GLENNON, JJ.
The Surrogate's Court has no jurisdiction to direct payment of a debt by summary order. ( Matter of Brazil, 219 App. Div. 594; Matter of Thomas, 235 id. 450; Id. 455; Matter of Hammer, 237 id. 497.)
The order appealed from should be reversed, with twenty dollars costs and disbursements, and motion denied.
Order reversed, with twenty dollars costs and disbursements, and motion denied.