In re Proving the Will of Herrmann — 218 N.Y. 691

Majority

p. 691

In the Matter of Proving the Will of Magdalena Herrmann. Adam Stein et al., Appellants; William Ohming, Jr., as Executor of George Herrmann, et al., Respondents.

Headnote

Matter of Herrmann, 173 App. Div. —, appeal dismissed.

(Argued May 22, 1916;

decided May 30, 1916.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1916, which affirmed an order of the New York County Surrogate’s Court denying a motion to vacate and set aside a prior order denying probate to a paper propounded as the last will of Magdalena Herrmann, deceased.

The motion was made upon the ground that the order

p. 692

was not appealable as of right to the Court of Appeals and that permission to appeal had not been obtained.

Gilbert D. Lamb for motion.

Gustav Goodman opposed.

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