Hyperlawhypertext legal database In re Howell's Will 153 N.Y.S. 1120

← Cases

In re Howell's Will

153 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1915-05-05 English

Contents

Majority

p. 1120
In re HOWELL’S WILL.
(Supreme Court, Appellate Division, Fourth Department.
May 5, 1915.)

Headnote

In the matter of proving the last will and testament of Cora Howell, deceased.

Motion to dismiss appeal granted, with $10 costs. Held that, under section 2759 of the Code of Civil Procedure, it was necessary for the appellant to give and file an undertaking, and, not having done so, or made out any case to relieve from his default, the motion to dismiss the appeal should be granted.