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IRWIN v. SIMMONS

No. 233.

140 F.2d 558 (1944)

IRWIN v. SIMMONS et al.

Circuit Court of Appeals, Second Circuit.

January 28, 1944.

Attorney(s) appearing for the Case

Harold H. Levin, of New York City, for plaintiff-appellant.

Lewis, Marks & Kanter, of Brooklyn, N. Y. (Lloyd B. Kanter, of Brooklyn, N. Y., of counsel), for defendants-appellees.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The decedent Emilie Simmons, had two children, plaintiff, the daughter and administratrix of her estate, and the defendant Clarence Simmons. No persons other than plaintiff and defendant have any interest in the estate. Decedent, shortly before her death transferred to Clarence all her interest in the corporate defendant, Rutland Road Realty Corporation. Plaintiff brought this suit to set aside that transfer on the ground that it had been procured...

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