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MATTER OF JAMES

22 Misc.2d 1062 (1953)

In the Matter of The Estate of Arthur C. James, Deceased.

Surrogate's Court, New York County.

April 16, 1953.

Attorney(s) appearing for the Case

Milbank Tweed Hope & Hadley (Harrison Tweed and William E. Jackson of counsel), for James Foundation of New York, Inc., and others, respondents.

Winthrop Stimson Putnam & Roberts (William C. Chanler and Frederic W. Girdner of counsel), for First Presbyterian Church of City of New York.

Reynolds, Richards & McCutcheon for National Board of Young Women's Christian Assn. of the United States.

Harold A. Scheminger for Christodora House.

Nathaniel L. Goldstein, Attorney-General, for indefinite and uncertain charities.

GEORGE FRANKENTHALER, S.

The respondents James Foundation of New York, Inc., and the individuals acting as trustees thereof, move to dismiss the cross petitions of three other respondents in this construction proceeding on the ground that the pleadings fail to state facts sufficient to constitute a cause of action. (Rules Civ. Prac., rule 106.) A similar motion directed against the petition was heretofore denied...

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