General
In the Matter of the Application of the United States Fidelity and Guaranty Company, Appellant, to Be Released as Surety on the Bond of George C. Butts, as Administrator of Kittie E. Butts, Deceased, Respondent
194 A.D. 972·New York Supreme Court, Appellate Division·1920·NY
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Opinion
In the Matter of the Application of the United States Fidelity and Guaranty Company, Appellant, to Be Released as Surety on the Bond of George C. Butts, as Administrator of Kittie E. Butts, Deceased, Respondent.
[MAJORITY]
Order of the Surrogate’s Court of Suffolk county reversed, and motion granted, with ten dollars costs and disbursements, on the ground that the surety was entitled to its discharge as provided by section 812 of the Code of Civil Procedure, as amended by Laws of 1901, chapter 524, as a matter of right. Jenks, P. J., Rich, Putnam, Blackmar and Kelly, JJ., concur.