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KAZARAS v. MFRS. TRUST CO.

4 A.D.2d 227 (1957)

Hilda S. Kazaras, Appellant v. Manufacturers Trust Company et al., Respondents

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

June 28, 1957.

Attorney(s) appearing for the Case

Leonard Hemley of counsel (Sol A. Liebman with him on the brief; House, Grossman, Vorhaus & Hemley, attorneys), for appellant.

William Piel, Jr., of counsel (Gorden R. Erickson with him on brief; Sullivan & Cromwell, attorneys), for Manufacturers Trust Company, respondent.

Lester Lewis Jay, respondent in person.

Nathaniel Katz, guardian ad litem for Peter Kazaras and another, infants, respondents.

FRANK and BERGAN, JJ., concur with BREITEL, J. P.; RABIN, J., concurs in the result in opinion; BOTEIN, J., dissents and votes to reverse in opinion.

BREITEL, J. P.

In this action, the settlor, who is also the life beneficiary, of an inter vivos trust seeks rescission of the trust on grounds of fraud, duress and undue influence. After trial, it was held that there had been fraud, duress, and undue influence, but, because of subsequent ratification by the settlor-beneficiary, the trust was held valid and subsisting. From the judgment dismissing the complaint...

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