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WYATT v. FULRATH

13 A.D.2d 250 (1961)

Inzer B. Wyatt, as Ancillary Administrator C. T. A. of The Estate of Joaquin Fernandez De Cordova Y Osma, Duque De Arion, Deceased, Appellant, v. Logan Fulrath, as Executor of Maria De La Luz Mariategui Y Perez De Barradas, Duquesa De Arion, Deceased, et al., Respondents

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

June 8, 1961.

Attorney(s) appearing for the Case

Inzer B. Wyatt of counsel (Sullivan & Cromwell, attorneys), for appellant.

Logan Fulrath, respondent in person.

Porter R. Chandler of counsel (Davis Polk Wardwell Sunderland & Kiendl; Shearman & Sterling; Milbank Tweed Hope & Hadley, attorneys), for Morgan Guaranty Trust Company of New York and others, respondents.

BOTEIN, P. J., BREITEL, VALENTE, McNALLY and BERGAN, JJ., concur.

Per Curiam.

Plaintiff as ancillary administrator of Joaquin De Cordova Y Osma institutes this action in the New York Supreme Court against defendant as executor of De Cordova Y Osma's widow, Maria, and three New York banks. The decedent husband and wife were both citizens of Spain but had substantial property in New York.

The action seeks a declaration that certain property in New York in the possession of...

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