General
Ethel D. Weaver, Appellant, v. George Weaver, Individually and as Surviving Partner of the Late Firm of R. H. & G. Weaver, and as Executor and Trustee under the Last Will and Testament of Reuben H. Weaver, Deceased, Defendant, Respondent, Impleaded with Annie E. Weaver and Others, Defendants
149 A.D. 939·New York Supreme Court, Appellate Division·1912·NY
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Opinion
Ethel D. Weaver, Appellant, v. George Weaver, Individually and as Surviving Partner of the Late Firm of R. H. & G. Weaver, and as Executor and Trustee under the Last Will and Testament of Reuben H. Weaver, Deceased, Defendant, Respondent, Impleaded with Annie E. Weaver and Others, Defendants.
Appeal from a judgment entered in the New York county clerk’s office on the 15th day of May, 1911, after a trial at Special Term, dismissing the complaint upon the merits.
[MAJORITY — Per Curiam:]
Per Curiam:
The judgment should be modified by striking out all provisions after the dismissal of the complaint, with costs, upon the ground that the decree of the surrogate is a binding adjudication affecting the personal property of the decedent, and as so modified the judgment should be affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ. Judgment modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.