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KRISTT v. WHELAN

5 N.Y.2d 807 (1958)

Milton J. Kristt, Individually and as a Representative of All Beneficiaries under a Deed of Trust, Dated December 28, 1943, Appellant, v. John J. Whelan et al., as Trustees under a Deed of Trust, Dated December 28, 1943, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 13, 1958.

Attorney(s) appearing for the Case

Maurice Fixel and Sidney A. Rose for appellant.

Francis S. Bensel and W. Frederick Knecht for respondents.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

Judgment affirmed, with costs...

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