In re the Estate of Harrington

When this matter was first before us this court reversed the decree appealed from and remitted the matter to the surrogate for further proceedings in accordance with the opinion which is found in 243 Appellate Division, 235.

Through an inadvertence the fact was overlooked that the original Rome Hospital, trustee under the will of this testatrix, had abandoned its appeal and had stipulated itself out of the case. Such stipulation was filed with the clerk of this court at the time the appeal was first argued. That stipulation having been called to our attention, an order has now been made…