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MATTER OF ROSENHIRSCH

20 Misc.2d 307 (1959)

In the Matter of The Estate of Edward Rosenhirsch, Deceased.

Surrogate's Court, New York County.

October 26, 1959.

Attorney(s) appearing for the Case

Boyle, Feller & Reeves (Samuel R. Feller and Leo H. Hirsch, Jr., of counsel), for Bankers Trust Company of New York, and another, as executors, petitioners.

Leon Finley and Charles Burton for Alfred E. Rosenhirsch, respondent.

Strauss & Ferdinand (Harold L. Strauss and Eugene S. Shapiro of counsel), for Jeannette Rosenhirsch, respondent.

Wien, Lane, Klein & Purcell (Ralph W. Felsten of counsel), for University of Rhode Island and another, respondents.

JOSEPH A. COX, S.

In this discovery proceeding, brought to recover securities of substantial value, the respondent claims title to the property as a trustee of oral trusts for the benefit of a number of beneficiaries. The only proof offered to establish the existence of these purported trusts was the testimony of the respondent unsupported by any writing which would lend credence to his testimony. The fact...

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