In re the Estate of Froehlich

Wingate, S.

This is a motion by executors to strike out objections to the account, interposed by the special guardian for certain contingent infant remaindermen. Such a motion is regulated by rules 109 or 112 of the Rules of Civil Practice, under neither of which may affidavits be submitted in support of the motion (Levan v. American Safety Table Co., 222 App. Div. 110, 113, 114; Merchants Loan & Investment Corp. v. Abramson, 214 id. 252, 253; affd., 242 N. Y. 587), the determination being predicated upon the pleadings alone (Monica Realty Corp. v. Bleecker, 229 App. Div. 184, 186), which must…