General
In the Matter of the Estate of Reuben Smith, Deceased. Elias Spencer, as Administrator of the Estate of Patience Spencer, Deceased, Appellant; I. Stoddard Penfield et al., as Executors of Thomas D. Penfield, Deceased, Respondents
179 N.Y. 563·New York Court of Appeals·1904·NY
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Opinion
In the Matter of the Estate of Reuben Smith, Deceased. Elias Spencer, as Administrator of the Estate of Patience Spencer, Deceased, Appellant; I. Stoddard Penfield et al., as Executors of Thomas D. Penfield, Deceased, Respondents.
Matter of Smith, 66 App. Div. 340, affirmed.
(Argued October 3, 1904;
decided October 18, 1904.)
Appeal from an order of the Appellate Division of. the Supreme Court in the fourth judicial department, entered November 12,1901, which reversed a judgment of the Oneida County Surrogate’s court in favor of the appellant herein.
John C. Davies, JR, 8. Johnson and Charles II. Coville for appellant.
WilUam Kerncm for respondents.
[MAJORITY]
Order affirmed, with costs; no opinion.
Concur: Cullen, Cli. J., O’Brien, Haight, Martin, Yann and Werner, JJ. Absent: Gray, J.