In re the Accounting of De Witt — 246 N.Y. 556

Majority

p. 556

In the Matter of the Accounting of Jerome De Witt, as Trustee of the Estate of Marquis L. Hawley, Deceased, Respondent. Lovisa E. Hawley, Appellant.

Headnote

Appeal — modification by Appellate Division of decree of surrogate and remission to that court to take further proof — appeal to Court of Appeals dismissed.

Matter of Hawley, 219 App. Div. 216 , appeal dismissed.

(Argued October 6, 1927;

decided October 25, 1927.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 9, 1927, which modified a decree of the Cortland County Surrogate’s Court and remitted the matter to that court to take further proof and enter a new decree.

Edmund B. Jenks and Edward F. Ronan for appellant.

Thomas B. Kattell and Jerome De Witt for respondent.

p. 557

Appeal dismissed, without costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Kellogg and O’Brien, JJ. Not sitting: Lehman, J.