In re the Estate of Kasper

Church, S.

This is a proceeding for the distribution of .surplus moneys arising on a foreclosure suit which have been paid into the Surrogate’s Court. The method of distribution of such moneys is covered by section 2799- of the Code of Civil Procedure.

By the first part of the section it is- provided that, where, at the time of the payment of such money into the Surrogate’s "Court, or at any time before the final distribution of the same, there is pending a proceeding for the sale of decedent’s real •estate to pay his debts, then the decree shall provide that such money 'be paid to the…