Hyperlawhypertext legal database In re the Judicial Settlement of the Account of Proceedings of Waldman 222 A.D. 725

← Cases

In re the Judicial Settlement of the Account of Proceedings of Waldman

222 A.D. 725 Court First Department, English

Contents

Majority

p. 725
First Department,
December, 1927.
In the Matter of the Judicial Settlement of the Account of Proceedings of Herbert Waldman and Another, as Executors, etc., of Harry Simon, Deceased.

Headnote

Appeal from an order of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said Surrogate’s Court on May 9, 1927, vacating the examination of the executor and the executrix under section 263 of the Surrogate’s Court Act.

The order appealed from should be affirmed because, in so far as is shown by the record on appeal, the proceeding has been brought to a termination by final decree. The affirmance is without prejudice to the appellants’ rights to renew their application for an examination in the event that the final decree on accounting is vacated. • Present ■ — • Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ. Order affirmed, without costs, and without prejudice to the appellants’ rights to renew their application for an examination in the event that the final decree on accounting be vacated.