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In re the Estate of Masten

277 A.D.2d 939 Court N.Y. App. Div. Decision date 1950-07-13 English

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p. 939
In the Matter of the Estate of Harry Masten, Deceased. Mabel G. Masten, Appellant; Hattie Strayline, as Executrix of Harry Masten, Deceased, Respondent.

Appeal dismissed, with $10 costs and disbursements. Memorandum: No appeal lies from a denial of a motion on the clerk’s minutes. Furthermore, if we were to decide this appeal on the merits we think the court charged the proper rule of law and the verdict was not contrary to the weight of evidence. All concur. (The order appealed from denies a motion by Mabel Gregg Masten for a new trial, in a proceeding to establish status of widow.) Present — Taylor, P. J., MeCurn, Love, Vaughan and Piper, JJ.