In re the Probate of the Will of Lamport — 197 N.Y. 583

Majority

p. 583

In the Matter of the Probate of the Will of Hiram H. Lamport, Deceased. Mary C. Smedley, Appellant; Althea G. Jewell et al., Respondents.

Headnote

Matter of Lamport (Will), 134 App. Div. 954 , affirmed.

(Argued January 6, 1910;

decided January 25, 1910.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22,1909, which affirmed a decree of the New York County-Surrogate’s- Court denying probate of a paper propounded as the will of Hiram H. Lamport, deceased.

William J. O'Sullivan and John S. Jenkins for appellant.

Edmund L. Mooney, Henry G. Gennert and Enos S. Booth for respondents.

Order affirmed, with costs, and held that although the admission of the letter of the witness Rogers to the testator j o was erroneous, the error did not affect the result and should be disregarded under the provisions of section 2545 of the Code of Civil Procedure; no opinion.

Concur: Culler, Oh. J., Yarn, Werner, Willard Bartlett, Hiscock and Chase, JJ. Absent: Edward T. Bartlett, J.