In re the Estate of Johnson

Decree affirmed, without costs of this appeal to any party. All concur, except Dowling and McCurn, JJ., who dissent and vote for reversal and for allowance of the claims as presented, in the following memorandum; The right of the infants to present and to prosecute the claims in question has not been challenged. (Kendall v. Kendall, 200 App. Div. 702, 704.) By failing to move for a dismissal of the claims on that ground, the objection has been waived. (Civ. Prac. Act, § 278.) After Mrs. Johnson (now Carry) sued her husband, Dr. Johnson, for an absolute divorce, and before the trial of that…