In re Proving the Last Will & Testament of Longman

Majority

p. 882

In the Matter of Proving the Last Will and Testament of Samuel Tremper Longman, Deceased, as a Will of Real and Personal Property.

Headnote

Appeal — motion to dismiss on ground that appeal not taken in time denied when copy of decree and notice of entry not served by moving party.

Motion by Dorothy B. Longman, a legatee, and by the proponent, to dismiss the appeal of Rose H. Longman, contestant, from a decree of the surrogate, New York county, admitting a will to probate.

Dorothy B. Longman, who moves to dismiss the appeal, not having served a copy of the decree with notice of entry upon the appellant, has not set appellant’s time running as, to her. Appellant may, there

p. 883

fore, still serve a notice of appeal as against the moving party, and.this motion to dismiss is, therefore, denied, with ten dollars costs.. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Motion to dismiss appe'al denied, with ten dollars costs.