Opinion
September 28, 1949.
Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ. [ 189 Misc. 748.]
Order reversed on the law, without costs of this appeal to any party, and matter remitted to the Surrogate's Court of Monroe County to take and settle the trustee's account, on the authority of Matter of Central Hanover Bank Trust Co. ( Mullane-Vaugan) ( 299 N.Y. 697). All concur. (The order adjudges that the Surrogate's Court lacked jurisdiction to settle petitioner's account and dismisses the proceeding.)