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SPENCER v. CHILDS

286 A.D. 996 (1955)

Mary P. Spencer, Respondent, v. Richard S. Childs et al., Appellants

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

October 4, 1955.

Judgment affirmed, with costs.

No opinion.

Cox, J., dissents and votes to reverse and dismiss the complaint in the following memorandum:

This court heretofore upheld the sufficiency of the complaint (283 App. Div. 788). On the trial of the action, plaintiff failed to sustain the burden cast upon her by the law. There is a complete failure of proof to establish that the testatrix intended that the words in paragraph 3d of the testatrix...

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