Legal Opinion

In re the Accounting of Pelton

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 1945Published

1Opinion of the Court

Appeal dismissed, without costs to any party. Memorandum: The order appealed from is an intermediate order which does not affect any substantial rights of the infants-appellants. The Surrogate has not yet ordered a sale of the decedent’s real estate for payment of debts. The interests of the infants can be adequately protected in the proceeding to sell the decedent’s real estate. The executrix has not appealed in this matter. (See Surrogate’s Court Act, § 288; Matter of Kelly v. Langevin, 153 App. Div. 322; Matter of Kennedy, 156 Misc. 166; Matter of Prentice, 160 N. Y. 568.) All concur. (The…

2Cases cited3 opinions

  1. In Re the Judicial Settlement of the Account of PrenticeNew York Court of Appeals · 1899
  2. In re KellyAppellate Division of the Supreme Court of the State of New York · 1912
  3. In re the Estate of KennedyNew York Surrogate's Court · 1935

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