
    In the Matter of Joseph F. Hanley.
    Order affirmed, with coste.—
   Pratt, J.:

The surrogate directs a judicial settlement of the account of AnnaT. Murphy as general guardian of Joseph E. Hanley. It is objected to on the ground that in a pending partition suit Joseph F Hanley has pleaded that Anna T. Murphy has collected rents belonging to Hanley for which an account is asked. The pleadings before the surrogate show that the rente are not matters for which an account is claimed. It follows that full relief cannot be given in the partition suit, and the accounting before the surrogate is necessary. Order appealed from, affirmed, with costs.

Brown, P. J., and Dykman. J., concurred.  