General
In the Matter of the Accounting of Edward C. Schaefer et al., as Executors of and Trustees under the Will of Frederick Schaefer, Deceased. Albert Schaefer et al., Appellants; Edward C. Schaefer et al., Individually and as Executors and Trustees, Respondents
171 N.Y. 686·New York Court of Appeals·1902·NY
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Opinion
In the Matter of the Accounting of Edward C. Schaefer et al., as Executors of and Trustees under the Will of Frederick Schaefer, Deceased. Albert Schaefer et al., Appellants; Edward C. Schaefer et al., Individually and as Executors and Trustees, Respondents.
1Waiter of Schaefer, 65 App. Div.- 378, affirmed.
(Argued June 10, 1902;
decided June 24, 1902.)
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 29, 1902, which modified and affirmed as modified a decree of the New York County Surrogate’s Court settling the accounts of Edward C. Schaefer, George C. Schaefer and George H. Chatillon as executors of and trustees under the will of Frederick Schaefer, deceased.
Also motion to dismiss said appeal on the ground that the order is not appealable to the Court of Appeals.
Wm. W. MacFarland, Addison Gardner, George P. Hotaling and William H. Klenke for appellants.
Roger Foster and Ashbel P. Fitch, for respondents.
[MAJORITY]
Motion to dismiss appeal denied and order affirmed, with costs; no opinion.
Concur: Parker, Ch. J., Gray, Haight, Vann, Cullen and Werner, JJ. Not voting : O’Brien, J.