Matter of Porges

Pursuant to an order of the Supreme Court in a partition action, the sum of $5,857.56 Was deposited on March 6, 1902, in the office of the Chamberlain of the City of Hew York “ to be held by him until the death of Adolphus Monell Sayre.” Sayre having died, the petitioner filed a notice of motion in the partition action for an order directing the then Chamberlain to turn over to her-in cash her proportionate share, one-third, of the money originally credited to the account, with interest.

The Chamberlain interposed an affidavit in opposition to the motion, stating that he had on hand to the…