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SWERDFEGER v. SWERDFEGER

4 A.D.2d 535 (1957)

Eurchel E. Swerdfeger et al., Appellants, v. Loretta Swerdfeger, Respondent

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

November 15, 1957.

Attorney(s) appearing for the Case

William B. O'Connell for appellants.

B. D. Levenstein for respondent.

FOSTER, P. J., BERGAN, HALPERN and GIBSON, JJ., concur.

COON, J.

Plaintiffs brought this action to impress a trust on certain real property known as 413 Main Street, Ogdensburg, New York, on the theory that a joint will executed by their parents, William E. and Lucy M. Swerdfeger, created a contractual obligation and an irrevocable beneficial interest in plaintiffs, which rendered ineffective a subsequent conveyance of the property by William E. Swerdfeger after the death of Lucy.

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