General

In the Matter of the Probate of the Will of Angelina Crane, Deceased.- Edith H. Simmons, Appellant; The Farmers' Loan and Trust Company et al., Respondents

154 N.Y. 745·New York Court of Appeals·1897·NY

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Opinion

In the Matter of the Probate of the Will of Angelina Crane, Deceased.— Edith H. Simmons, Appellant; The Farmers' Loan and Trust Company et al., Respondents. Reported below, 12 App. Div. 271. (Argued October 18, 1897; decided October 26, 1897.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1897, which affirmed a decree of the Surrogate’s Court of the county of New York admitting to probate the will of Angelina Crane, deceased. The motion was made upon the ground that the appeal was not taken within sixty days after service of a copy of the order of affirmance with notice of entry thereof. Dmid McCH/wre for motion. A. Prentice opposed. [MAJORITY] Motion denied, with ten dollars costs.