In re the Judicial Settlement of the Accounts of Johnson

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts of Johnson

248 A.D. 669

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

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 669 (In re the Judicial Settlement of the Accounts of Johnson) 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 Judicial Settlement of the Accounts of Johnson, 248 A.D. 669 (N.Y. Ct. App. 1936).

Pincite

Opinion

Appeal dismissed, without costs, on the ground that the decree appealed from directs no action on the part of the executor and does not control her action. It is a simple pronouncement of legal determination not provided for in the Surrogate’s Court Act and does not affect any substantial right. The appellant is not aggrieved thereby. The legal questions which have been argued in presenting this appeal may properly come before the court on an appeal from the decree settling the account. AE concur. (The decree adjudged a power of sale in a wiU to be vafid and that the executor has the right to [670]*670sell same to pay debts.) Present — Sears, P. J., Bdgeomb, Thompson, Crosby and Lewis, JJ.

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Appeal dismissed, without costs, on the ground that the decree appealed from directs no action on the part of the executor and does not control her action. It is a simple pronouncement of legal determination not provided for in the Surrogate’s Court Act and does not affect any substantial right. The appellant is not aggrieved thereby. The legal questions which have been argued in presenting this appeal may properly come before the court on an appeal from the decree settling the account. AE concur. (The decree adjudged a power of sale in a wiU to be vafid and that the executor has the right to [670]*670sell same to pay debts.) Present — Sears, P. J., Bdgeomb, Thompson, Crosby and Lewis, JJ.

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Bluebook (online)

248 A.D. 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-accounts-of-johnson-nyappdiv-1936.