Opinion
September 19, 1967 Republished
Order of Surrogate's Court, entered May 21, 1965, insofar as it denies application of petitioner-appellant to vacate the direction of the Surrogate that the objections to the coexecutor's account in respect of his failure to account for shares of stock of Kessler, Inc., be tried separately from all other objections, unanimously reversed, on the law and the facts and in the exercise of discretion, with $30 costs and disbursements to appellant, payable out of the estate of Pearl L. Kessler, deceased, and motion granted to vacate such direction of the Surrogate. The issue involving the stock transfer or assignment is common to all the other issues. Under the circumstances, the direction of a severance and a separate trial was an unwarranted exercise of discretion. The order of this court [ 28 A.D.2d 666] entered on June 15, 1967 is vacated.
Concur — Eager, J.P., Steuer, Tilzer, McNally and McGivern, JJ.