Order of the Surrogate’s Court of Nassau county directing defendant Hannan to render and file an account reversed upon the law, with ten dollars costs and disbursements, payable out of the estate, and petition dismissed, with ten dollars costs. The action brought by appellant in the Supreme Court antedated this proceeding, and the surrogate, therefore, should not have assumed jurisdiction. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.