In re the Probate of the Will of Hopkins — 180 N.Y. 528

Majority

p. 528

In the Matter of the Probate of the Will of Robert E. Hopkins, Deceased. Fanny W. Hopkins, Appellant; Robert E. Hopkins, Jr., Respondent.

Headnote

Matter of Hopkins, 93 App. Div. 618 , appeal dismissed.

(Argued January 9, 1905 ;

decided January 17, 1905.)

Motion to dismiss an appeal .from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 15, 1904, which affirmed an order of the Westchester County Surrogate’s Court denying a motion of the appellant herein to vacate and set aside certain orders and to restore her letters testamentary as "heretofore issued to her.

p. 529

The motion was made upon the ground that the appellant had waived and abandoned any right to have the appeal considered by the Court of Appeals by acts inconsistent with the claims set forth therein.

Joseph W. Middlebrook for motion.

Clarence S. Davison, Charles Blandy and Andrew J. Shipman opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.