Martin's Estate

Terry, P. J.,

There has been extended litigation and delay in the settlement of this estate, and this attempt to set aside the appointment of the auditor, named by the court to pass upon exceptions to the final account of Elizabeth M. Green, one of the executrices, and to make distribution of the fund ascertained, is suggestive of further unnecessary delay.

J. H. Thayer, Esq., a reputable member of the bar, was, upon motion for an auditor, appointed to act in that capacity. He entered upon the discharge of his duties, having first been duly sworn, and upon the argument of this rule it *471appeared…