Opinion
October 30, 1969
Appeal from the Niagara Surrogate's Court.
Present — Marsh, J.P., Gabrielli, Moule, Bastow and Henry, JJ.
Appeal unanimously dismissed, without costs. Memorandum: While, on the record before us, the order appealed from appears to have been properly made, we do not affirm it for the reason that the appellant as one of three surviving executors cannot take an effective appeal without participation therein of his coexecutors ( Matter of Luckenbach, 278 App. Div. 114, 119, 120, revd. 303 N.Y. 491, 496) and for the further reason that he is not under the circumstances an aggrieved party ( Isham v. New York Assn. for Poor, 177 N.Y. 218; Bryant v. Thompson, 128 N.Y. 426; Matter of Cannan, 278 App. Div. 742).