In re the estate of Darragh

The Surrogate.

This is an application by the contestant appellant for leave to file and serve an undertaking on appeal herein. The notice of appeal was duly served. The- application is opposed by the special guardian on the ground that it should be made to the general term.

Section 1303, Code of Civil Procedure, provides that “where an appellant seasonably and in good faith serves the notice of appeal either upon the clerk or Upon the adverse party or his attorney, but omits, through mistake, inadvertence or excusable neglect, to serve it upon the other, or to do any other act necessary to…