In re the Estate of Ellis

Slater, S.

This proceeding is brought by one Freda Stephansen to have certain surplus moneys, which have heretofore been paid into the Surrogate’s Court by order of the Supreme Court in an action of foreclosure, paid to her as second mortgagee in said foreclosure action. It appears that the surplus moneys amount to $1,774.87; that there is now due and owing to the petitioner, the lawful owner and holder of the second mortgage, the sum of $1,546.93, with interest from November 21, 1919.

The decedent died in October, 1918. Letters of administration upon his estate were issued to his widow,…