District Court, D. New Jersey March 9, 1936, No. 4585 (Neely v. Broad Street Nat. Bank of Red Bank)

FAKE, District Judge.

The issues here arise on a motion to dismiss the bill of complaint on the ground that the action disclosed is not cognizable in equity, and on the further ground that the plaintiff was put to an election and, having elected to proceed for the probate of a will in the state court, the issues are res judicata.

The complaint alleges that Eliza A. S.