Opinion
March 7, 1951.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ.
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, § 53). All concur. (Appeal from a decree construing a codicil to a will.)