Majority
p. 628Abbot L. Dow, Trustee, App'lt, v. Margaret H. Dow et al., Resp'ts. (Supreme Court, General Term, Second Department, Filed December 12, 1892.)
Headnote
Appeal—Rearg-tjmbnt.Where .pending a reargument of appeal granted on motion of a guardian ad litem of infants, one of such infants arrives of age, employs counsel and requests the former decision to stand, such request should be granted.
Reargument of appeal.
Plaintiff, as trustee, appealed from a decree charging him with interest on a certain mortgage and with the profits of certain real estate, transactions to this court, when the decree was reversed. 45 St. Rep., 5 . On motion of the guardian ad litem for the three infant defendants, a reargument was ordered. 46 St. Rep., 962 . The defendant Margaret has since come of age, and desires the former decision to stand.
Wm. G. Low (Thos. S. LToore, of counsel), for app’lt;
Chambers JBoughton, for resp’t,
Margaret H. Dow; William B. Davenport, guardian ad litem, for infant resp’ts.
Since we decided to grant a reargument of this case, Margaret H. Dow, one of the infants in whose interests the guardian ad litem made the application for a reargument, has reached her majority, and has employed counsel who now appear for her and desire our former decision to stand.
p. 629
As she is one of the parties, we think we should accede to her request.
We conclude, therefore, to abide by our former decision upon this appeal and allow it to remain undisturbed, without further costs.
Barnard, P. J., and Pratt, J., concur.