General
In the Matter of Proving the Last Will and Testament of Charles S. Webb, Deceased. S. Jessie Webb and Others, as Executors, and S. Jessie Webb and Ernest H. Webb, as Trustees, under the Last Will and Testament of Charles S. Webb, Deceased, Appellants; Charles Sherrill Webb, Respondent
136 A.D. 898·New York Supreme Court, Appellate Division·1909·NY
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Opinion
In the Matter of Proving the Last Will and Testament of Charles S. Webb, Deceased. S. Jessie Webb and Others, as Executors, and S. Jessie Webb and Ernest H. Webb, as Trustees, under the Last Will and Testament of Charles S. Webb, Deceased, Appellants; Charles Sherrill Webb, Respondent.
[MAJORITY]
Order of ■the Surrogate’s Court of Suffolk county reversed upon the ground that the estate of the infant and the trustees of the infant were not before the court, and that •the surrogate under such circumstances had no power to make an .order distributing that estate. Jenks, Burr and Thomas, JJ., concurred; Rich and' Miller, JJ.,. dissented.