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JOHNSON v. STEIN

6 N.Y.2d 413 (1959)

Margaret Johnson, Respondent, v. Martin Stein, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Joseph F. O'Neill, Arthur L. Milligan and George J. Aspland for appellant.

Jacob Patent and Emanuel Pearlman for respondent.

Chief Judge Conway and Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur.

VAN VOORHIS, J.

This action is brought under article 15 of the Real Property Law to compel the determination of claims to title to a parcel of real property in Babylon, Suffolk County. It had been owned by one Anthony Funk, who died in March, 1948. His distributees were his children, who supposed that their father had died intestate and that they had inherited his real estate. Instead, he left a will devising...

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