In re the Estate of Sarkissian

Appellate Division of the Supreme Court of New York

In re the Estate of Sarkissian

33 A.D.2d 652, 305 N.Y.S.2d 324, 1969 N.Y. App. Div. LEXIS 2951

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

DecidedOctober 30, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 652 (In re the Estate of Sarkissian) 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.

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In re the Estate of Sarkissian, 33 A.D.2d 652, 305 N.Y.S.2d 324, 1969 N.Y. App. Div. LEXIS 2951 (N.Y. Ct. App. 1969).

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Opinion

—Appeal unanimously dismissed, without costs. Memorandum: While, on the record before us, the order appealed from appears to have been properly made, we do not affirm it for the reason that the appellant as one of three surviving executors cannot take an effective appeal without participation therein of his coexeeutors (Matter of Luckenbach, 278 App. Div. 114, 119, 120, revd. 303 N. Y. 491, 496) and for the further reason that he is not under the circumstances an aggrieved party (Isham v. New York Assn. for Poor, 177 N. Y. 218; Bryant v. Thompson, 128 N. Y. 426; Matter of Cannan, 278 App. Div. 742). (Appeal from order and judgment of Niagara Surrogate’s Court vacating order granting right of election.) Present — ■ Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

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—Appeal unanimously dismissed, without costs. Memorandum: While, on the record before us, the order appealed from appears to have been properly made, we do not affirm it for the reason that the appellant as one of three surviving executors cannot take an effective appeal without participation therein of his coexeeutors (Matter of Luckenbach, 278 App. Div. 114, 119, 120, revd. 303 N. Y. 491, 496) and for the further reason that he is not under the circumstances an aggrieved party (Isham v. New York Assn. for Poor, 177 N. Y. 218; Bryant v. Thompson, 128 N. Y. 426; Matter of Cannan, 278 App. Div. 742). (Appeal from order and judgment of Niagara Surrogate’s Court vacating order granting right of election.) Present — ■ Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

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Bluebook (online)

33 A.D.2d 652, 305 N.Y.S.2d 324, 1969 N.Y. App. Div. LEXIS 2951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-sarkissian-nyappdiv-1969.

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