Williams v. Conroy

         OPINION          By the Court:

         The appeal must be dismissed. The decree from which the attempted appeal was taken was not final. By its very terms the decree reserves the distribution of the trust funds and property. There has been no final disposition of the whole merits of the cause, and it will be absolutely necessary again to bring the cause before the District Court for its final decision. (1 Barb. Ch. 330; Lawrence v. F. L. & T. Co. 15 How. Pr. 57; 4 Comst. 415.)

         The appeal from the judgment is dismissed, and the order denying a new trial is affirmed. Remittitur forthwith.