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150 N.Y.S. 1074

In re Ball

Appellate Division of the Supreme Court of the State of New York · decided 1914-11-20

In the matter of the accounting of John Oscar Ball, as trustee -under the last will and testament of Mary Caulfield, deceased, as to the trusts for John A. Caulfield, for Thomas J. and for Annie M. Caulfield.

Decided 1914-11-20

PER CURIAM.

¶1The decrees of the Surrogate’s Court of Kings County are affirmed, with *1075costs. We are constrained to hold that the stipulation, which shows that the appellant has recovered and returned to the estate the amount of tne second mortgage investments, cannot be considered upon this appeal, because it appears tnat such recovery and restoration occurred aner the accounting and after the decrees of the .surrogate were entered. See, also, 161 App. Div. 946, 146 N. Y. Supp. 1083.

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