In re the Accounting of West

Order of the Surrogate’s Court, Dutchess County, dismissing Edith J. Whitehead’s claim and her objections to the account of the trustees herein, reversed on the law and the matter remitted to the Surrogate’s Court for disposition, with costs to the appellant, payable out of the estate, to abide the event. The truth of the allegations of the objections must be accepted upon a motion to dismiss for insufficiency. Although the factual allegations are meagre, they are sufficient to bring the claim within the principle of Shermcm v. Shuse (166 N. Y. 345). Close, P. J., Johnston, Adel and Lewis,…