Sims v. Owsley — 209 N.Y. 514

Majority

p. 514

Charles Sims et al., as Executors of Mary A. Yerkes, Deceased, Appellants, v. Louis S. Owsley, as Ancillary Executor of Charles T. Yerkes, Deceased, Respondent.

Headnote

Reported below, 155 App. Dlv. 899.

(Argued June 2, 1913 ;

decided June 10, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 1, 1913, affirming a judgment in favor of defendant entered upon the report of a referee in an action to charge the estate of Charles T. Yerkes, deceased, with the amount of a certain bill paid by his wife in her lifetime.

p. 515

The motion was made upon the ground that the appeal was frivolous and taken only for purpose of delay.

Arthur H. Van Brunt for motion.

Carroll G. Walter opposed.

Motion denied, with ten dollars costs.