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RUBIN v. IRVING TRUST CO.

305 N.Y. 288 (1953)

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

Court of Appeals of the State of New York.

Decided May 28, 1953

Attorney(s) appearing for the Case

Simon H. Rifkind, Martin Kleinbard, Edward N. Costikyan and George B. Gelman for appellant.

James N. Vaughan for Irving Trust Company and another, respondents.

Henry I. Fillman, respondent in person.

Robert Szold and Milton Altman for Rita R. Lowe and others, respondents.

LEWIS, Ch. J., DYE, FULD and FROESSEL, JJ., concur with CONWAY, J.; DESMOND, J., concurs in separate opinion; LOUGHRAN, Ch. J., deceased.

CONWAY, J.

There is presented for our decision the question whether an oral contract not to alter a will made in Florida, where it is alleged the contract was a valid one, is enforcible in this State despite the fact that if made here it would be violative of section 31 of the Personal Property Law.

The complaint alleges in substance that testator executed a will...

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