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RUBIN v. IRVING TRUST CO.

280 A.D. 348 (1952)

Milton H. Rubin, Respondent, v. Irving Trust Company, as Executor of Harold Rubin, Deceased, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 3, 1952.

Attorney(s) appearing for the Case

James N. Vaughan of counsel (Vaughan and Lyons, attorneys), for Irving Trust Company, as executor under the last will and testament of Harold Rubin, deceased, and Leslie & Company, appellants.

Robert Szold of counsel (Milton Altman with him on the brief; Szold & Brandwen, attorneys), for Rita R. Lowe, Arthur L. H. Rubin and Harold F. Linder, as guardian ad litem of Prudence W. Linder and Susan E. Linder, infants, appellants.

Henry I. Fillman, pro se as guardian ad litem of Caryl Fillman and Jeffrey Fillman.

Simon H. Rifkind of counsel (Martin Kleinbard and Edward N. Costikyan with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondent.

PECK, P. J., and CALLAHAN, J., concur with VAN VOORHIS, J.; COHN, J., dissents and votes to affirm in opinion in which HEFFERNAN, J., concurs.

VAN VOORHIS, J.

These appeals are from orders denying motions by different defendants for summary judgment dismissing the complaint, which demands specific performance of an oral contract by a decedent to refrain from changing a will. Plaintiff alleges that he purchased shares of stock in a closely held corporation from his brother and sisters, in consideration of a promise by another brother, Harold Rubin, the...

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