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DAVIS v. FRASER

307 N.Y. 433 (1954)

Howland S. Davis et al., Appellants, v. George C. Fraser et al., as Trustees of Texas Pacific Land Trust under a Declaration of Trust Made by Charles J. Canda and Others, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Allen T. Klots, Arthur E. Pettit, Peter H. Kaminer and Merrell E. Clark, Jr., for appellants.

Marcien Jenckes, John L. Hall, Stuart C. Rand and Lawrence Howe, Jr., for Jose C. Harris and others, appellants.

Francis S. Bensel and Frederick T. Shea for respondents.

CONWAY, DESMOND, DYE and FROESSEL, JJ., concur with VAN VOORHIS, J.; FULD, J., dissents in an opinion in which LEWIS, Ch. J., concurs.

VAN VOORHIS, J.

This is an action for an adjudication that plaintiffs are the owners of 100 shares of proprietary interest in Texas Pacific Land Trust, and directing defendant trustees to pay to plaintiffs $102,500 representing all dividends heretofore declared but not paid with respect to said 100 shares, and directing defendants to issue a new certificate in place of the original lost certificate for these 100 shares in...

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