Appeal dismissed, without costs, on the ground that the order appealed from is not a final order; no opinion.
Concur: Parker, Ch. J., O’Brien,' Bartlett, Haight, Yann, Cullen and Werner, JJ.
Matter of Goetz, 71 App. Div. 272, appeal dismissed.
(Argued October 6, 1902;
decided October 21, 1902.)
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 5,1902, which reversed a decree of the New York County Surrogate’s Court construing the will of Ignace Goetz, deceased, and remitted the case to the surrogate for further action.
Thomas F. Byrne for appellants.
William H. FLamúlton for respondents.
Appeal dismissed, without costs, on the ground that the order appealed from is not a final order; no opinion.
Concur: Parker, Ch. J., O’Brien,' Bartlett, Haight, Yann, Cullen and Werner, JJ.
172 N.Y. 608
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