In re the Estate of Gedney

Varnum, S.

The judgment of the Supreme Court in the partition suit which directed' the proceeds of the real estate sold therein to be deposited in this court for distribution is sufficient authority for the distribution of such proceeds by the sur*403rogate. Code Civ. Pro., § 1538. That judgment also recognized and established the validity of the claims of certain creditors therein designated who are parties to this proceeding, and their right to have such proceeds applied toward the payment of their claims. The moneys in the hands of the executor resulting from the property sold by him under the…