In re the Judicial Settlement of the Account of Proceedings of Rosenberg

Pursuant to section 309 of the Surrogate’s Court Act a referee will be appointed to take further testimony in this proceeding. The testimony presents a close issue of fact as to whether or not Morton Rosenberg was a partner with his deceased father, Charles Rosenberg. Additional testimony is desired by the court to aid it in determining this issue of fact. Evidence concerning income tax returns made by Morton Rosenberg, individually and as executor of the estate, was improperly excluded. In 1917 there was an affirmative duty on a partnership to file a statement for the purpose of fixing the…