In re Davenport , 79 N.Y.S. 1130 ( 1902 )

PER CURIAM.

All the questions which the present appellant now desires to take to the court of appeals can be taken there on appeal from the decree of the surrogate’s court, if that decree shall be adverse to him; but, inasmuch as it may be in his favor, they ought not to be certified at this time. There is no good reason, why the proceeding may not be carried to a speedy conclusion without much expense, or any such depletion to the estate as is apprehended. Motion denied.