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

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1936·Published

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.

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

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.

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

Pincite

248 A.D. 669 (In re the Judicial Settlement of the Accounts of Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.