In re the Proposed Probate of an Instrument Purporting to be the Last Will & Testament of Hauer , 199 A.D. 931 ( 1921 )

It appears by excusable neglect of appellants, the undertaking required by Code of Civil Procedure, section 2759, was not duly filed. Inasmuch as the notice of appeal was duly taken, followed by the service of the case, this court relieves appellants from such default, on appellants paying ten dollars costs; and, therefore, the motion to dismiss the appeal will be denied, without costs. Present — Blackmar, P. J., Mills, Rich, Putnam and Kelly, JJ.