English v. McIntyre 160 N.Y. 697

Theodore C. English, as Trustee, Substituted for Isaac H. Williamson, as Trustee of Benjamin Williamson, Deceased, Respondent, v. Thomas A. McIntyre et al., Appellants.

(Submitted October 16, 1899;

decided October 24, 1899.)

Reported below, 29 App. Div. 439.

Motion to advance on the calendar an appeal from a final judgment of the Supreme Court in the first judicial department, entered September 7, 1898.

The motion was made upon the ground that the plaintiff is a testamentary trustee suing as sole plaintiff, and that he is also the trustee of a fund for the support and maintenance of infants, and the appeal is entitled to a preference under subdivision 5 of section 791 of the Code of Civil Procedure, as amended by chapter 585, Laws of 1899.

King & Jessup for motion.

Bowers de Sands opposed.