Reubel v. Reubel

William Reubel died intestate. He left several pieces of real estate and debts in excess of his personal estate. Proceedings are now pending in the Surrogate’s Court for the sale of so much of the real estate as may be necessary to pay the debts. One of the heirs has brought this aotion to partition the real estate. All the parties in interest have been served, issue is joined and the court is asked on this motion to appoint a referee to ascertain and report the rights and interests of the' parties to the real estate proposed to be partitioned. The motion is resisted! on the ground that the…