Estate of Smith

Rollin, S.

Vernon K. Stevenson, now deceased, was in his lifetime administrator of this estate. An accounting proceeding, instituted by him as such administrator, was pending in this court at the time of his death. In December, 1883, the surrogate, by a written memorandum for counsel, announced the conclusions he had reached in regard to certain exceptions that had been taken to the report of a referee to whom the account and the objections thereto had been submitted.

As to one of the matters in controversy, leave was given *65the accounting party to offer additional evidence. Such evidence was…