In re the Judicial Settlement of the Account of Collmar

Ketcham, S.

The decedent died possessed of a bond of his brother for $3,000, secured by a second mortgage. The brother is the residuary legatee and the will contains general legacies to the amount of $850.

The executor states the balance of his account, subject to commissions and expenses of administration, at $3,812.11. This sum is reached after charging himself with $3,035.50, on account of the mortgage last mentioned.

In proceedings supplementary to execution against the residuary legatee a receiver of his property was appointed, who now not only claims to be entitled to receive a portion of…