In re the Estate of Chisholm

Henderson, S.

The petitioner seeks an order staying the respondents, the executors herein, from collecting or receiving certain surplus moneys on deposit with the chamberlain of the city of New York, until the determination of the claims of the petitioner and others, individually and as executors of the last will and testament of Lewis S. Smith, deceased, against this decedent, which are set forth in his petition, verified and filed herein on March 15, 1933.

The petitioner alleges that the decedent at the time of his death was justly indebted to the petitioner and others as executors of the…