Foster v. Foster
New York Court of Chancery
This was an application to dismiss the appeal of T. D. Foster and T. Dixon from a decision of a circuit judge, affirming the sentence¡.or decree of the surrogate of Cayuga county by which the will of E. Wheedon had been established and admitted to probate upon the application of one of the executors. The grounds of this motion were that no petition of appeal had been filed, or transcript returned, within the time allowed by the rules of this court for that purpose.
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This was an application to dismiss the appeal of T. D. Foster and T. Dixon from a decision of a circuit judge, affirming the sentence¡.or decree of the surrogate of Cayuga county by which the will of E. Wheedon had been established and admitted to probate upon the application of one of the executors. The grounds of this motion were that no petition of appeal had been filed, or transcript returned, within the time allowed by the rules of this court for that purpose. It also appeared by the affidavits in support of the motion, that the condition of the bond filed with the surrogate on this…
1Opinion of the Court
The Chancellor.
The affidavit of . the appellant’s counsel shows a sufficient excuse for not having filed the petition of appeal, and procured the transcript, within the time allowed by the will; and as he has now filed both the petition of appeal and the transcript, the motion would be denied, if that were the only question in the case, upon the payment of the costs which had accrued to the executors at the time Mr. Porter’s affidavit was shown to ther solicitor.
*50The appeal bond is not in the form required by the existing statute. By a mere inadvertence the original provision of the revised…
2Cases cited1 opinion
- Gardner v. GardnerNew York Court of Chancery · 1835
3Cited by12 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Morton v. MortonNew York Supreme Court · 1850
- State v. Florida Central RailroadSupreme Court of Florida · 1876
- Reed v. LatsonNew York Supreme Court · 1853
- In re the Estate of MeiselmanNew York Surrogate's Court · 1930
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