MATTER OF JONES


9 A.D.2d 778 (1959)

In the Matter of The Estate of Mary E. Jones, Deceased. John A. Wicks, Appellant; Theodore B. Klapper, as Administrator of The Estate of Mary H. Jones, Deceased, et al., Respondents

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

November 16, 1959


As thus modified, decree unanimously affirmed, with costs to all parties filing separate briefs, payable out of the estate. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein.

Appellant does not have the enforcible contract to purchase claimed by him. Accordingly the provisions for payment of commissions, stated in petitioner's Exhibit I, are not applicable. The property should be sold to appellant...

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