Bryant v. Thompson
New York Supreme Court
Motion to dismiss appeal. Defendant Harriet F. Tracy Thompson moves to dismiss the appeal taken by plaintiffs. See report of decision on the appeal, ante, 28. Code Civil Proc. FT. Y. § 1294, provides: “A party aggrieved may appeal * * * except where the judgment or order of which he complains was rendered or made upon his default. ”
1Opinion of the CourtMacomber, J.
The motion to dismiss the appeal of the plaintiffs is made upon the ground that the appellants are not parties aggrieved within the meaning of section 1294 of the Code of Civil Procedure. This action was brought to obtain a judicial construction of portions of the last will and codicils of Francis W. Tracy, deceased, and for instructions in regard to the plaintiffs’ duties as trustees under such will. The plaintiffs, together with the defendant Agnes Ethel Tracy, are the executors and trustees. The testator died on the 15th day of April, 1886, leaving a last will, with four codicils *387thereto.…
2Cited by1 opinion
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