Appellate Division of the Supreme Court of New York, 1960

In re the Construction of the Will of Hale

In re the Construction of the Will of Hale
Appellate Division of the Supreme Court of New York · Decided September 22, 1960
11 A.D.2d 977; 209 N.Y.S.2d 120; 1960 N.Y. App. Div. LEXIS 8188
In re the Construction of the Will of Hale

Opinion of the Court

Motion of R. Glenn Hale, respondent-appellant, to require petitioners to accept the notice of appeal of said Hale dated August 5, 1960 and of copies of appeal undertaking and notice of filing thereof granted, with $10 costs. -Cross motion of petitioners to delete certain words from the decree of the Surrogate of Monroe County of July 7, 1960 denied, with $10 costs. Memorandum: The petitioners have not directed our attention to any statute or decision authorizing the procedure followed by them of returning a notice of appeal. Neither may this court amend a decree on motion by striking therefrom a portion thereof. The proper procedure is to move before the Surrogate to resettle the decree. We pass upon nd other question.

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