Majority
p. 917In the Matter of the Judicial Settlement of the Account of Proceeding of Elmer Rose, Administrator, etc., of the Estate of Peter Rose, Deceased. And in the Matter of the Appeal of Said Elmer Rose as Such Administrator from Part of Decree and Decision of the Surrogate's Court of the County of Rensselaer, N. Y., Allowing Claim of J. A. Sipperly for Legal Services, etc.
Motion to dismiss denied, provided the appellant serves a notice of appeal on the next of kin and files a proper bond under section 2577[1] to perfect his appeal within ten days, and pays respondent ten dollars costs of this motion within ten days after service of the order of this court on appellant’s attorney. Otherwise motion granted, with ten dollars costs to respondent.
* See Code Civ. Proc. § 2577.— [Rep.