Contracts · MBE-tested

In the Matter of the Probate of the Will of Katie Hirschhorn, Deceased. Elmer Hirschhorn, Appellant; Seymour Hirschhorn et al., Respondents

273 A.D. 852·New York Supreme Court, Appellate Division·1948·NY

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Opinion

In the Matter of the Probate of the Will of Katie Hirschhorn, Deceased. Elmer Hirschhorn, Appellant; Seymour Hirschhorn et al., Respondents. [MAJORITY] We see no objection to trying the probate proceedings first. However, if the will is admitted to probate, all action thereunder, to the extent that it would tend to conflict with any of the rights of the appellant under the contract claimed should be stayed pending the determination of the contract action which should be tried promptly. Order unanimously affirmed, with $20 costs and disbursements. Present — Dore, J. P., Cohn, Callahan, Yan Yoorhis and Shientag, JJ.