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Matter of Cannan

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 7, 1951
278 App. Div. 742 (N.Y. App. Div. 1951)

Opinion

March 7, 1951.

Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ.


Appeal dismissed, without costs. Memorandum: While the decree appealed from was, in our opinion, properly made, we do not affirm it for the reason that the executor-appellant is not under the circumstances here an aggrieved party. He has no right to appeal, and the appeal is accordingly dismissed ( Isham v. New York Assn. for Poor, 177 N.Y. 218, 222; Taggart v. Fowler, 200 App. Div. 878; see, also, 6 Carmody on New York Practice, § 53). All concur. (Appeal from a decree construing a codicil to a will.)


Summaries of

Matter of Cannan

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 7, 1951
278 App. Div. 742 (N.Y. App. Div. 1951)
Case details for

Matter of Cannan

Case Details

Full title:In the Matter of the Estate of SARAH L. CANNAN, Deceased. M. FRANCIS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 7, 1951

Citations

278 App. Div. 742 (N.Y. App. Div. 1951)

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