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MacELLVEN v. LINCOLN ROCHESTER TRUST CO.

3 A.D.2d 977 (1957)

William M. MacEllven, Respondent, v. Lincoln Rochester Trust Company, as Executor of Emily P. Wolcott, Deceased, Appellant, et al., Defendant

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

May 15, 1957

Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs.

Memorandum:

Appellant moved in the court below for an order dismissing the complaint upon the ground that plaintiff is without legal capacity to sue (Rules Civ. Prac., rule 107, subd. 2). Plaintiff is the only statutory distributee of one Maria Andruss, deceased. Defendant-appellant is the executor of the last...

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