MANDELBAUM v. MANDELBAUM


1 A.D.2d 688 (1955)

Rose L. Mandelbaum et al., as Executors of Harry Mandelbaum, Deceased, Respondents, et al., Plaintiff, v. Robert A. Mandelbaum et al., Appellants

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

December 19, 1955


Under the allegations of the complaint, which for the purposes of this appeal must be considered as established facts, it appears that the decedent, in 1948, executed his deed to real property to the two appellants, his children, under an agreement whereby they would reconvey upon his demand and whereby the decedent retained all the incidents of ownership. The decedent died in 1955 without having demanded reconveyance, and left a will devising his real property to the plaintiff...

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