In re Lowenguth's Estate
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Monroe County. In the matter of the estate of Clara.Lowenguth, deceased. From an order overruling the objections of Emil J. Lowenguth and another, administrators, to the jurisdiction of the court to hear the proofs of the petitioners, Christopher C. Werner and another, praying that the surrogate fix the value of their services as attorneys rendered to the estate, the administrators appeal. Dismissed.
1Opinion of the CourtNash, J.
The order is not appealable. It disallows and overrules the objections of the administrators to the jurisdiction of the court, but is not final, as jurisdiction has not been exercised, and therefore does not involve a substantial right. Matter of Soule, 46 Hun, 661; Matter of Phalen, 51 Hun, 208, 4 N. Y. Supp. 408; Matter of Pearsall (Sup.) 4 N. Y. Supp. 365; Matter of Burnett, 15 N. Y. St. Rep. 116,
Neither party having raised the question of the appealability of the order, the appeal should be dismissed, without costs.
Appeal dismissed, without costs to either party. All concur.
2Cases cited2 opinions
- In re Phalen's WillNew York Supreme Court · 1889
- In re PearsallNew York Supreme Court · 1889