1. The assumption of jurisdiction by Chancery in cases where the Orphans Court has already entertained an accounting and has not completed it by a final decree thereon, rests in sound judicial discretion in view of such special circumstances as may be presented in the particular case. The question is whether the circumstances show special cause for the interference of the Court of Chancery.
2. The circumstances in this case showed special cause which brought the determination within discretion of the Court of Chancery. The defendant Trust Company's motion to strike the bill in which complainant prayed that defendant, as executor and trustee, be directed to account for the residuary trust created under the will of her deceased husband, and to set up the trust, and that the will be construed to determine whether complainant is now entitled to be paid one-sixth of the corpus of the trust, was properly dismissed. Filley v. VanDyke, 75 N.J. Eq. 571, followed.
PER CURIAM.
The facts, which appear in the opinion filed in Chancery, bring the case well within the rule stated by this court in Filley v. Van Dyke, 75 N.J. Eq. 571: "The assumption of jurisdiction by Chancery in cases where the Orphans Court has already entertained an accounting and has not completed it by a final decree thereon, rests in the sound judicial discretion of the former court, in view of such special circumstances as may be presented in the particular case; the question then being whether the circumstances show special cause for the interference of the court." The circumstances showed special cause which brought the determination within the court's discretion.
The motion to dismiss the appeal, decision heretofore reserved, is denied. The decree below will be affirmed.
For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 13.
For reversal — None.