74 N.Y.S. 510 | N.Y. App. Div. | 1902
On the 17th of May, 1900, Joseph Ullman, executor of the last will and testament of Henry P. Sondheim, presented his petition to the Surrogate’s Court of the county of New York, setting forth that his testator died on the 9tli day of May, 1896, leaving a last
The surrogate’s order denying the motion to resettle his first order is not appealable. It rested entirely within the discretion of the surrogate whether or not he would change his order as originally made, and it is not for this court to direct or control him in the exercise of his discretion.
Concerning the appeal from the original order, we are unable to see that the surrogate had any other power or authority than to direct one of the persons appointed pursuant to the provisions of chapter 658 of the Laws of 1900 to act as an appraiser. When the person directed to make the appraisal by order of the surrogate shall have made his report, it will be time enough to consider the questions the appellant now desires this court to pass upon.
The appeal from the order denying the motion to resettle is dismissed, with ten dollars costs, and the order directing the
Present — Van Brunt, P. J., Patterson, Ingraham, Hatch and Laughlin, JJ.
Order directing appraisal affirmed, with ten dollars costs and disbursements. Appeal from order denying resettlement dismissed, with ten dollars costs.