SHIELDS v. KENNEDY


13 A.D.2d 150 (1961)

Frederica H. K. Shields et al., Respondents, v. Evelyn M. Kennedy, Individually and as Administratrix of The Estate of Thomas P. B. Kennedy, Deceased, Appellant

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

May 9, 1961.


Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris (John T. De Graff and John T. De Graff, Jr., of counsel), for appellant.

Oliver, Scully & Delaney (Joseph R. Scully and John J. Scully of counsel), for respondents.

Feeney & Ford for Estate of Mary H. T. Kennedy.

John A. Brady for Catherine Griffin.

GIBSON, HERLIHY and TAYLOR, JJ., concur.


BERGAN, P. J.

In 1937 several members of the Kennedy family entered into a written agreement which dealt, among other things, with the title and management of real property. It was agreed that each party had stated "interests" in the property and in its income and proceeds.

One of the signatories, Joseph A. C. Kennedy died, and some, but not all, of his distributees in 1949 brought an action against Thomas...

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