In re the Judicial Settlement of the Account of Schults

In view of the stipulation that the estate of testator, without the asset, title to which is in dispute, is insufficient for the payment of debts, funeral expenses and expenses of administration, and the further stipulation that the ownership of such asset should be tried out after the -proceeds thereof are brought within the jurisdiction of the Surrogate’s Court, it is not proper to require appellant to assume the attitude of a general creditor by filing a verified claim. The executor has already recognized that appellant claimed the ownership of the mortgage note in question, and has…