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In re the Construction of the Will of Smith

8 A.D.2d 913 Court N.Y. App. Div. Decision date 1959-06-16 English

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p. 913
In the Matter of the Construction of the Will of Arthur W. Smith, Deceased. Marion R. Smith, as Executor of Arthur W. Smith, Deceased, Appellant; Hamilton Lodge, No. 120, F. and A. M., Respondent.

Motion to dismiss appeal on the ground that the appellant is not an aggrieved party and also on the ground that appellant has failed to perfect his appeal. Motion to dismiss appeal on the ground that appellant is not an aggrieved party denied, without prejudice to a renewal of the motion on the argument of the appeal. Motion to dismiss appeal denied, without costs. Present — Bergan, J. P., Coon, Gibson, Herlihy and Reynolds, JJ.