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

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

DecidedMarch 21, 1945

StatusPublished

This text of 269 A.D. 731 (In re the Accounting of Pelton) 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 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

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.

Cite This Page — Counsel Stack

Bluebook (online)

269 A.D. 731, 54 N.Y.S.2d 130, 1945 N.Y. App. Div. LEXIS 3489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-pelton-nyappdiv-1945.

Opinion

Related

Cite This Page — Counsel Stack