In re Proving the Last Will & Testament of Dayton

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament of Dayton

264 A.D. 759, 34 N.Y.S.2d 1000, 1942 N.Y. App. Div. LEXIS 4572

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

DecidedMay 22, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 759 (In re Proving the Last Will & Testament of Dayton) 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 Proving the Last Will & Testament of Dayton, 264 A.D. 759, 34 N.Y.S.2d 1000, 1942 N.Y. App. Div. LEXIS 4572 (N.Y. Ct. App. 1942).

Pincite

Opinion

Per Curiam.

This court in two prior decisions has reversed orders of the surrogate and directed that there be a hearing of this application on the merits. By the order appealed from the surrogate for the third time has failed to comply with the directions of this court.

The order appealed from should be reversed, with fifty dollars costs and disbursements, and the matter referred to an official referee to hear and report with Ms opinion to this court.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.

Order unanimously reversed, with fifty dollars costs and disbursements to the appellant, and the matter referred to an official referee to hear and report with his opinion to this court. Settle order on notice.

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