In re Webb's Will — 120 N.Y.S. 1150

Majority

p. 1150

In re WEBB’S WILL.

(Supreme Court, Appellate Division, Second Department.

December 30, 1909.)

Headnote

In the matter of proving the last will and testament of Charles S. Webb, deceased.

Order of the Surrogate’s Court of Suffolk County reversed, upon the ground that the estate of the infant and the trustees of the infant were not before the court, and that the surrogate under such circumstances had no power to make an order distributing that estate.

RICH and MILLER, JJ., dissent.