In re the Accounting of Pelton

Appellate Division of the Supreme Court of New York

In re the Accounting of Pelton

269 A.D. 731, 54 N.Y.S.2d 130, 1945 N.Y. App. Div. LEXIS 3489

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 1945·Published

Opinion

Appeal dismissed, without costs to any party. Memorandum: The order appealed from is an intermediate order which does not affect any substantial rights of the infants-appellants. The Surrogate has not yet ordered a sale of the decedent’s real estate for payment of debts. The interests of the infants can be adequately protected in the proceeding to sell the decedent’s real estate. The executrix has not appealed in this matter. (See Surrogate’s Court Act, § 288; Matter of Kelly v. Langevin, 153 App. Div. 322; Matter of Kennedy, 156 Misc. 166; Matter of Prentice, 160 N. Y. 568.) All concur. (The order strikes out the answer of appellant and grants the prayer of petitioner that the real property of decedent be sold for payment of debts in a proceeding to compel the executrix to institute a proceeding for the sale of real estate.) Present — Taylor, P. J., Dowling, MeCurn, Larkin and Love, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal dismissed, without costs to any party. Memorandum: The order appealed from is an intermediate order which does not affect any substantial rights of the infants-appellants. The Surrogate has not yet ordered a sale of the decedent’s real estate for payment of debts. The interests of the infants can be adequately protected in the proceeding to sell the decedent’s real estate. The executrix has not appealed in this matter. (See Surrogate’s Court Act, § 288; Matter of Kelly v. Langevin, 153 App. Div. 322; Matter of Kennedy, 156 Misc. 166; Matter of Prentice, 160 N. Y. 568.) All concur. (The order strikes out the answer of appellant and grants the prayer of petitioner that the real property of decedent be sold for payment of debts in a proceeding to compel the executrix to institute a proceeding for the sale of real estate.) Present — Taylor, P. J., Dowling, MeCurn, Larkin and Love, JJ.

In re the Accounting of Pelton, 269 A.D. 731, 54 N.Y.S.2d 130, 1945 N.Y. App. Div. LEXIS 3489 (N.Y. Ct. App. 1945).

Pincite

269 A.D. 731 (In re the Accounting of Pelton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related