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In re the Probate of the Will of Darragh

58 N.Y. Sup. Ct. 636 Court N.Y. Sup. Ct. Decision date 1888-12-17 English

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p. 636
In the Matter of the Probate of the Will of Catherine Darragh, Deceased.

The making of this motion having been delayed until tlie appellant had printed his papers, we think that he should be allowed to supply the undertaking upon payment of ten dollars costs. The undertaking submitted with the papers cannot be approved because of tlie erasures contained therein. We do not find in the copy of the case submitted on this motion any certificate of the clerk of the Surrogate’s Court that the appeal book is a correct copy of the record of the Surrogate’s Court. This must he supplied or the case cannot he heard. This certificate upon appeals from the surrogate cannot he waived by consent of parties.