New York Supreme Court June 15, 1894 (Depierris v. Slaven)

VAN BRUNT, P. J.

We see no reason for interfering with the conclusion arrived at by the surrogate. There were two grounds upon which his decision seems to have rested: First, that the appellant was not a party in interest; and, secondly, that, having commenced an action in the supreme court for an accounting, she would not be allowed to maintain an independent proceeding in the surrogate’s court.