
    In the Matter of the Accounting of Margaret M. Wright, as Testamentary Trustee under the Will of James Nisbet, Deceased, Appellant. Margaret E. Callen, Respondent.
    
      Matter of Wright, 139 App. Div. 1, affirmed.
    (Argued September 28, 1910;
    decided October 18, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered J une 3, 1910, which reversed a decree of the New York County Surrogate’s Court settling the accounts of the trustee herein and directed the entry of a decree in accordance with its opinion. Also, motion to dismiss said appeal upon the grounds, That the said Appellate Division having unanimously reversed the decree of the Surrogate’s Court of New York county upon the law and the facts, and having itself determined the facts pursuant to section 2586 of the Code of Civil Procedure, this court has no jurisdiction to review the order of June 3, 1910, and the decree entered thereon; and that the order of June 24, 1910, appealed from, which denied the motion of Margaret M. Wright, as trustee, for an order remitting this proceeding to the Surrogate’s Court for a new trial or rehearing, was a discretion ary order of said Appellate Division made pursuant to section 2587 of the Code of Civil Procedure and not appealable to this court.
    
      Francis B. Wood for appellant.
    
      Godfrey Goldmarlc for respondent.
   Decree of Appellate Division affirmed, with costs, and motion to dismiss appeal denied, without costs ; no opinion.

Concur: Cullen,Ch. J., Haight, Vann, Werner, Willard Bartlett, IIiscooic and Chase, JJ..  