Judgment for defendants-executors unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.
Section 211 of the Surrogate's Court Act is not applicable when at the time the claim is presented and rejected by the estate there is pending an action for recovery on such claim. Kahler v. Searl (261 App. Div. 936) is not applicable; in that case there was involved a claim which under section 1171-b of the Civil Practice Act, as...
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