In re the Judicial Settlement of the Account of Proceedings of Tippens

Schulz, S.

The respondents, claimants against this estate whose claims were rejected by the executor and were in process of determination under section 211 of the Surrogate’s Court Act, after having examined several witnesses, requested that they be permitted to withdraw their claims without prejudice. The petitioner and other interested parties who had appeared opposed the applications. It was agreed that if the court declined to permit a withdrawal of the claims, the respondents rested. Motions were made to dismiss the claims.

A claimant is somewhat in the position of a plaintiff in an action…