MERKER v. MERKER


12 A.D.2d 763 (1961)

Ethel Merker, Individually and as Guardian ad Litem for Leona R. Merker and Others, Infants, et al., Appellants, v. Aaron Merker, Respondent, et al., Defendant

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

January 31, 1961


Judgment dismissing complaint after trial unanimously affirmed, on the law and on the facts, with costs to defendant-respondent.

Plaintiffs, on the preponderance of the evidence, failed to establish any agreement or understanding, express or implied, by defendant Aaron Merker with the deceased to hold or use the savings bonds or life insurance for use of or delivery to plaintiffs and defendant Arthur Merker. Consequently, on this basis there was no warrant for imposing...

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