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

193 A.D. 929 Court N.Y. App. Div. English

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p. 929
In the Matter of the Probate of the Last Will and Testament of Mary F. Stephenson, Deceased.

It appearing that by the excusable neglect of the appellants the undertakings required by section 2759 of the Code of Civil Procedure were not duly filed, but that they have since been filed, the court determines that the appellants are relieved of the default, the undertakings filed are deemed the undertakings on appeal, upon the appellants paying ten dollars costs of motion to the respondent. Thereupon the motion is denied.