Weaver v. Weaver — 133 N.Y.S. 1149

Majority

p. 1149

WEAVER v. WEAVER et al.

(Supreme Court, Appellate . Division, First Department.

March 8, 1912.)

Headnote

Appeal from Special Term, New York County. Action by Ethel D. Weaver against George Weaver individually, etc., and others. From a judgment dismissing the complaint on the merits, plaintiff appeals. Modified and affirmed.

A. Walker Otis, for appellant,

Charles Brandt, for respondents.

The judgment should be modified, by striking out all provisions after the dismissal of the complaint, with costs, upon the ground that the decree of the surrogate is a binding adjudication affecting the personal property of the decedent, and, as so modified, the judgment should be affirmed, without costs.