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MATTER OF CANNAN

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 7, 1951

Appeal dismissed, without costs. Memorandum: While the decree appealed from was, in our opinion, properly made, we do not affirm it for the reason that the executor-appellant is not under the circumstances here an aggrieved party. He has no right to appeal, and the appeal is accordingly dismissed ( Isham v. New York Assn. for Poor, 177 N.Y. 218, 222; Taggart v. Fowler, 200 App. Div. 878; see, also, 6 Carmody on New York Practice, ยง 53). All concur. (Appeal from a decree construing a codicil to a will.)