ALLEN v. WHITE


201 Misc. 1034 (1951)

Lucille Allen et al., Plaintiffs, v. Ernest N. White et al., Defendants.

Supreme Court, Special Term, Albany County.

September 19, 1951.


Attorney(s) appearing for the Case

J. Howard McIsaac for plaintiffs.

Draper & Bartle for defendants.


TAYLOR, J.

The problem which requires resolution upon this motion to strike out the separate defense contained in the defendants' answer in an action for the partition of real property is whether the last will and testament of Henry Le Blanc, also known as Henry White, who died a resident of Albany County on April 23, 1910, created a vested or contingent remainder in his residuary estate subject to the use thereof...

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