In re Stalker

HAZEL, District Judge.

This is an application by the city of Rochester for an order directing the trustee in the above-entitled proceeding to pay certain taxes and assessments for improvements out of the fund in the possession of the trustee, amounting to $2,600. The referee denied the application. The matter comes before me on a petition for a review of that decision. The facts are not controverted. General city taxes amounting to $2,477.85 were assessed for the years 1893 to 1901, inclusive, except for the years 1892, 1897, and 1899, upon various parcels of land owned by the bankrupt, some…