In re the Estate of Evans

Barnes, S.

This is a motion to resettle a resettled order. It comes about in the following manner. This court recently held that the order of the surrogate fixing the terms of court, so that there was no term of court during the month of August, was a reasonable exercise of the surrogate’s rights, and that a term held by the acting surrogate in violation of that order was without' authority (177 Misc. 381). At that time no certificate of the surrogate’s absence had been filed. While this has been held to be a prerequisite to any authority of the special county judge to act (Matter of Tyler, 60…