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DUNCAN v. CLARKE

308 N.Y. 282 (1955)

Beryl Duncan, an Infant, by Louise Harris, Her Guardian ad Litem, Respondent, v. Miles Clarke et al., as Administrators D. B. N. of The Estate of Miles Duncan, Deceased, Appellants.

Court of Appeals of the State of New York.

Decided March 10, 1955

Attorney(s) appearing for the Case

George Foster, Jr., Alan L. Dingle and Alvahteen E. Howard for appellants.

George P. Halperin, Herbert Kaufman, Daniel Siegel and Leon Dicker for respondent.

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

VAN VOORHIS, J.

This action is brought by a four-year-old girl through her unwed mother as guardian ad litem against the administrators d. b. n. of the estate of her father, to obtain a judgment presently anticipating in a lump sum the installments which it is alleged in the complaint that he promised to pay during the next sixteen years for the child's maintenance and education. The testimony of the infant...

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