In re Von Der Lin

Motion for leave to appeal to the Court of Appeals denied. The petitioners, appellants, are husband and wife. Caroline Von Der Lin is a daughter of the above-named deceased, and Simon J. Von Der Lin is her husband. These petitioners filed a claim with the executor of the estate on the 17th day of June, 1930. Thereafter, and on the 20th day of June, 1930, the claim was rejected in writing. Thereafter, and within three months of the rejection, an action was commenced, not by both of these petitioners, but by the wife, Caroline, in the Supreme Court, Queens county. Caroline’s complaint in that…