In re the Judicial Settlement of the Account of Nestell

Fowler, S.

The motions now before the court have required a consideration more prolonged than usual, as they relate to proceedings taken before the late surrogate for this •county.

The issues of fact in this proceeding, brought originally for the judicial settlement of the account of John j. Nestell, •as executor of Joseph B. Hart, deceased, were heard before "the Hon. Edward B. Whitney, the referee appointed for that ■purpose by the late Surrogate Thomas. The report of the referee was subsequently modified by Surrogate Thomas himself, and a decree was then made by that surrogate and thereafter…