In re the Estate of Baker

Evans, S.

This is a dispute concerning the rate of interest to be allowed on a decree for the payment of money granted by this court on May 13, 1936. An appeal was taken by the executor and trustee and others from this decree to the Appellate Division, Fourth Department, which resulted in a modification of the decree (249 App. Div. 265), and this is a motion to make the judgment of *563that court the judgment of the Surrogate’s Court. It is the contention of the life tenant and remainderman that the amount as finally determined as a surcharge of the account of the trustee should bear the legal…