General
Thomas D. Austin et al., by Thomas M. Rowlette, their Guardian ad Litem, Appellants, v. Louis W. Slocum et al., Respondents
162 N.Y. 649·New York Court of Appeals·1900·NY
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Opinion
Thomas D. Austin et al., by Thomas M. Rowlette, their Guardian ad Litem, Appellants, v. Louis W. Slocum et al., Respondents.
(Submitted April 16, 1900;
decided April 20, 1900.)
Motion to prefer an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1900, affirmirfg a judgment in favor of defendants, and an order denying a motion for a new trial.
The motion was made upon the ground that the appeal is from an adjudication upon a will in which the executors are joined as parties defendant, and, therefore, is entitled to preference under subdivision 5 of section 791 of the Code of Civil Procedure.
Greene & Stotesbury for motion.
No one opposed.
[MAJORITY]
Motion denied, without costs.