In re the Probate of the Last Will & Testament of Cunnion

Majority

p. 922

In the Matter of the Probate of the Last Will and Testament of John Cunnion, Deceased.

Motion denied, without costs, upon the ground that under section 1303 of the Code of Civil Procedure application for relief should be made to the Court of Appeals. (Nelson v. Tenney, 113 N. Y. 616 ; Matter of Sheldon, 117 App. Div. 357 .) Present — Woodward, Jenks, Burr, Thomas and Carr, JJ.

Cases cited

Nelson v. Tenney 113 N. Y. 616 N.Y. 1889-03-12 p. 922
In re Sheldon's Will 117 App. Div. 357 N.Y. App. Div. 1907-01-18 p. 922