General
In the Matter of the Application of Eliza F. Brush, Appellant, for Payment on Account of Distributive Share in the Estate of Jacob J. Brush, Deceased. Harry C. W. Melick, as Administrator, etc., Respondent
173 A.D. 960·New York Supreme Court, Appellate Division·1916·NY
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Opinion
In the Matter of the Application of Eliza F. Brush, Appellant, for Payment on Account of Distributive Share in the Estate of Jacob J. Brush, Deceased. Harry C. W. Melick, as Administrator, etc., Respondent.
Appeal from an order of the Surrogate’s Court of the county of Hew York, entered on the 19th day of April, 1916, denying the motion of the petitioner for advance payment on account of distributive share in estate.
[MAJORITY — Per Curiam:]
Per Curiam:
The motion should have been granted. The order appealed from is, therefore, reversed, with ten dollars costs and disbursements to the appellant against the administrator personally, and the proceeding remitted to the Surrogate’s Court for further action, as above indicated. Present — Clarke, P. J., Laughlin, Scott, Smith and Davis, JJ. Order reversed, with ten dollars costs and disbursements to appellant as against the administrator personally, and motion granted.