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RICHARDSON v. BUTLER

29 Misc.2d 559 (1961)

Clark H. Richardson, as Administrator C. T. A. of The Estate of C. Howard Richardson, Deceased, Plaintiff, v. Forbes Butler, Defendant. (Action 1.) Forbes Butler, Plaintiff, v. Clark H. Richardson, Individually and as Administrator C. T. A. of The Estate of C. Howard Richardson, Deceased, et al., Defendants. (Action 2.)

Supreme Court, Special Term, Monroe County.

May 23, 1961

Attorney(s) appearing for the Case

Vedo M. Candiello for defendant in Action 1, and for plaintiff in Action 2. Louis C. Zannieri for plaintiff in Action 1, and for defendant in Action 2. James S. Drake, County Attorney, (Robert H. Cole of counsel), for Steuben County and another, defendants.

CLARENCE J. HENRY, J.

On August 13, 1960, Rosamond W. Richardson, executrix of the estate of C. Howard Richardson, deceased, by service of a summons, commenced an action (Action 1) against Forbes Butler, the petitioner herein. Two days thereafter Rosamond W. Richardson died.

On some unknown later date (apparently shortly after the death of the executrix) Clark Howard Richardson, one of the defendants in Action 2, was appointed administrator

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