In re the Estate of Meyer

Wingate, S.

The court cannot escape the impression that the effect of the present motion to compel the general guardian for the objecting parties to deposit security for costs is, in effect, a demurrer to the evidence introduced on the hearings before the referee, which hearings have not been concluded.

The application is made under section 282 of the Surrogate’s Court Act which was first enacted by chapter 443 of the Laws of 1914 as section 2750 of the Code of Civil Procedure. The wording of the enactment has been continued unchanged since its original passage, and provides: “ In any…