
    Matter of the Judicial Settlement of the Account of James Gillroy, as Trustee of John Gillroy, Deceased.
    
      (Surrogates Court, New York County,
    
    
      February, 1907.)
    Former adjudication—Who are concluded—Persons acting in particular CAPACITY.
    Where a testamentary trustee brings an action in the Supreme Court in the interest of the estate and judgment is obtained by the defendant because, as to an alleged statement of an account, he is believed against the plaintiff, the judgment is not binding as an estoppel against the trustee on an issue as to his good faith.in his dealings as trustee upon the judicial settlement of his accounts as trustee.
    Proceeding upon the judicial settlement of the accounts of a 'trustee.
    D. E. & J. F. Lynch, for trustee; Campora & Thiery, for legatees; Wessels Ryerson, special guardian.
   Thomas, S.

Decreed accordingly.  