152 A.D. 165
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-07-11
Appeal by the petitioner, Bernard Francis Rollo, as foreign committee, etc., and others from part of an order, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of March, 1912, refusing to appoint the petitioner as committee of the property of Hugh Hamilton Stafford Northcote in the State of New York, and also from part of an order entered in said clerk’s office on the 5th day of April,' 1912, modifying the…
Decided 1912-07-11
¶1I concur on the ground that, unless the foreign committee was appointed as provided by section 2326 of the Code of Civil Procedure, the court was required to proceed as provided by section 2327. (See Matter of Curtiss, 134 App. Div. 547:)
¶2Order reversed, without costs, and petition granted on condition stated in opinion. Order to be settled on notice.