Hamilton v. Muncie — 224 N.Y. 566

Majority

p. 566

Lewis B. Hamilton, as Executor of and Trustee under the Will of Lucinda D. Phillips, Deceased, Respondent, v. Libbie H. Muncie et al., Appellants, and Lewis B. Hamilton et al., Respondents.

Headnote

Reported below, 182 App. Div. 630 .

(Submitted June 3, 1918;

decided June 11, 1918.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second

p. 567

judicial department, entered April 6, 1918, unanimously affirming a judgment in iavor of respondents herein, entered upon a decision of the court on trial at Special Term in an action for the construction of a will and to enforce the execution of an implied trust under said will.

The motion was made upon the ground that the appeal was unauthorized.

Henry L. Brant, John W. Ockford and George B. Davenport for motion.

Benjamin Cohn opposed.

Motion denied, with ten dollars costs.