In re Hirsch's Estate

Appellate Division of the Supreme Court of New York

In re Hirsch's Estate

101 N.Y.S. 1027

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 1908

StatusPublished

This text of 101 N.Y.S. 1027 (In re Hirsch's Estate) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Hirsch's Estate, 101 N.Y.S. 1027 (N.Y. Ct. App. 1908).

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Opinion

INGRAHAM, J.

This appeal was taken before the final order was entered revoking the letters testamentary and removing the appellant as trustee. As we have concluded to affirm the decree of the-surrogate revoking the letters testamentary, this appeal becomes unimportant. 101 N. Y. Supp. 893.

The respondents move to dismiss the appeal on the ground that, after the appeal was taken, but before it came on for argument, the-surrogate had revoked the letters, and consequently no question was-presented on this appeal. In view of the other determination, this motion should be granted, as the injunction was merely provisional pending the final decree to determine whether the letters should be revoked and the appellant removed as trustee. There is therefore no substantial question presented to the court for determination.

It follows that the appeal should be dismissed, without costs. All concur.

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INGRAHAM, J.

This appeal was taken before the final order was entered revoking the letters testamentary and removing the appellant as trustee. As we have concluded to affirm the decree of the-surrogate revoking the letters testamentary, this appeal becomes unimportant. 101 N. Y. Supp. 893.

The respondents move to dismiss the appeal on the ground that, after the appeal was taken, but before it came on for argument, the-surrogate had revoked the letters, and consequently no question was-presented on this appeal. In view of the other determination, this motion should be granted, as the injunction was merely provisional pending the final decree to determine whether the letters should be revoked and the appellant removed as trustee. There is therefore no substantial question presented to the court for determination.

It follows that the appeal should be dismissed, without costs. All concur.

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Bluebook (online)

101 N.Y.S. 1027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hirschs-estate-nyappdiv-1908.

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