Childs v. Childs

I think there is no doubt that the facts alleged in the complaint would give the Surrogate’s Court jurisdiction to remove the trustee, and that that court would have power to give the plaintiff all the relief demanded in his complaint and all the relief to which the complaint shows him to be entitled. If the decrees made by the Surrogate’s Court on the former accountings stand in the plaintiff’s way they would do so equally in an action in this court as in a proceeding in the Surrogate’s Court. Code Civ. Pro., § 2813; Bowditch v. Ayrault, 138 N. Y. 222, 231; Matter of Elting, 93 App. Div.…