Weaver v. Weaver

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1912

Appellate Division of the Supreme Court of the State of New York · decided 1912-03-15

<p>Appeal from a judgment entered in the New York county clerk’s office on the 15th day of May, 1911, after a trial at Special Term, dismissing the complaint upon the merits.</p>

Decided 1912-03-15

Per Curiam:

¶1The judgment should be modified by striking out all provisions after the dismissal of the complaint, with costs, upon the ground that the decree of the surrogate is a binding adjudication affecting the personal property of the decedent, and as so modified the judgment should be affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ. Judgment modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.