—The appellant, George P. Ockershausen, is the executor of the last will and testament of Adolphus F. Ockershausen, deceased. By the terms of the will the estate of deceased was given to the testator’s four children equally, except that the share of the respondent, Henry A. Ockershausen, was charged with an advancement of $10,000.
The whole estate was subject to a life estate, which has expired. The case shows that the executor was called to account, and that in the accounting proceedings before a referee, the executor, who was one of the firm of Ockershausen Brothers, was required to file an account of his discharge as surviving partner, and he did so, and in this account he stated that Henry A. Ockershausen, the respondent, would be entitled to one-fourth of the loss in certain real estate sold by the executor belonging to the firm, and this amount was stated at $842.10. In this account the executor claimed an equitable offset against this balance to the amount of $700 on a railroad stock transaction,' the merits of which do not appear.
The surrogate ordered the payment of the entire balance of $842.10 to be paid to Henry A. Ockershausen. The order was premature. There was no admitted general balance, and nothing but a general adjustment could determine the rights of the several parties.
There is a proceeding pending for a general accounting of the executor, and an action at law also pending to determine the balance due from the executor as the surviving partner of the firm of Ockershausen Brothers.
The order should be reversed, with costs and disbursements, and the application denied without prejudice to the rights of the parties as they will be shown by the final accounting.
Dykman and Pbatt, JJ., concur.