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Hastrich v. Pilcher

149 N.Y.S. 1086 Court N.Y. App. Div. Decision date 1914-10-30 English

Contents

Majority

p. 1086
HASTRICH, Appellant, v. PILCHER et al„ Respondents.
(Supreme Court, Appellate Division, Second Department.
October 30, 1914.)

Headnote

Action by William H. Hastrich, individually and as executor, etc., of Margaretha Schmalz, deceased, against Paul M. Pilcher and others..

Order, in so far as appealed from by plaintiff, reversed, with $10 costs and disbursements to plaintiff appellant, and order modified, by reducing the amount of the undertaking to be given on appeal to $1,500, and by striking out from said order the words “including their respective counsel fees herein, and for the payment and satisfaction of all claims and legacies finally found to be due and payable to the creditors and legatees interested in said estate, other than Peter Ungerland and John Ungerland, who have each received their alleged share.” The said undertaking may be given within 10 days after the entry of the order upon this decision, and shall be approved as to the form thereof by a justice of this court. See, also, 149 N. Y. Supp. 1086.