MATTER OF ERLWEIN


279 A.D. 703 (1949)

In the Matter of the Probate of The Will of Josephine M. Erlwein, Deceased

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 29, 1949.


The order or decree appealed from was made after a trial of the issue thus raised. It affects a substantial right (Surrogate's Ct. Act, § 288) and is appealable. (Bolton v. Schriever, 135 N.Y. 65; Seaman v. Whitehead, 78 N.Y. 306; Matter of Zerega, 58 Hun 505.) Lack of due diligence perfecting the appeal is not shown.

Motion denied, with...

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