Ehrsam v. Schmidt (In re Schmidt)

• Decision Date: 09 October 1923
• Citation: 236 N.Y. 645,142 N.E. 318
• Parties: In the Matter of the Probate of the WILL of Henry C. SCHMIDT, Deceased. Wilhelmina C. Ehrsam et al., Appellants; Ida Schmidt, Respondent.
• Court: New York Court of Appeals Court of Appeals

236 N.Y. 645

142 N.E. 318

In the Matter of the Probate of the WILL of Henry C. SCHMIDT, Deceased. Wilhelmina C. Ehrsam et al., Appellants; Ida Schmidt, Respondent.

Court of Appeals of New York.

Oct. 9, 1923.

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (202 App. Div. 843,194 N. Y. Supp. 978), entered July 21, 1922, which unanimously affirmed a decree of the Kings County Surrogate's Court admitting to probate a paper propounded as the last will and testament of Henry C. Schmidt, deceased. The motion was made upon the ground that permission to appeal had not been obtained.

John C. Stemmermann, of Brooklyn, for the motion.

Barnett E. Kopelman, of New York City, opposed.

PER CURIAM.

Motion granted, and appeal dismissed, with costs and $10 costs of motion.