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MATTER OF YOUNG v. LEDDEN

7 A.D.2d 946 (1959)

In the Matter of John D. Young, Individually and as Executive Director and a Member of The Board of Managers of the Watson Homestead, and as Executive Director of The Watson Religious Scholarship Fund, and as Executive Director and Ex-officio Member of The Board of Trustees of the Watson Homestead and The Watson Religious Scholarship Fund, Respondent, v. W. Earl Ledden et al., Appellants In the Matter of Clemen E. Brown, Respondent, v. W. Earl Ledden et al., Appellants

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

February 4, 1959

The proceeding under article 79 of the Civil Practice Act for the construction of an express trust decided, without testimony, on the statement of the Official Referee that counsel conceded there were no factual questions involved and only questions of law. The decision went dehors the record by including extraneous facts. The practice was further indulged in by some of the parties in their briefs before this court. Prior to August 25, 1955, Thomas J. Watson transferred to...

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