General
Daniel A. McWilliams and Albert F. McWilliams, as Administrators, etc., of Charles McWilliams, Deceased, Respondents, v. Charles E. McWilliams and Adolph Dexheimer, as Surviving Executors and Trustees under the Last Will and Testament of Daniel McWilliams, Deceased, and Individually, and Others, Appellants
145 A.D. 912·New York Supreme Court, Appellate Division·1911·NY
Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ.
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Opinion
Daniel A. McWilliams and Albert F. McWilliams, as Administrators, etc., of Charles McWilliams, Deceased, Respondents, v. Charles E. McWilliams and Adolph Dexheimer, as Surviving Executors and Trustees under the Last Will and Testament of Daniel McWilliams, Deceased, and Individually, and Others, Appellants.
Appeal from an order entered on the 31st day of May, 1911, granting a-motion for a commission to take the testimony of the witness upon oral questions.
[MAJORITY — Per Curiam:]
Per Curiam:
The order should be modified by requiring as a condition of granting the .jpen commission that the plaintiffs pay to the defendants the sum of seventy-five dollars (instead of twenty-two dollars) as and for their reasonable expenses upon the execution of said commission. As so modified affirmed, without costs.
Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ.
Order modified as directed in opinion, and as so modified affirmed; without costs. Order to be settled on notice.