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McGAHAN v. BROOKLYN SAV. BANK

13 A.D.2d 838 (1961)

Agnes McGahan, Respondent, v. Brooklyn Savings Bank et al., Defendants, and James F. Twohy, Individually and as Executor of James J. Delaney, Deceased, Appellant

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

May 31, 1961

Order affirmed, with $10 costs and disbursements.

None of the causes of action alleged in plaintiff's complaint is based on a contract to establish a trust. The action is to recover money which plaintiff alleges was held by said decedent, for her benefit, by virtue of irrevocable trusts which he had created during his lifetime. If plaintiff fails to establish the causes of action pleaded, her complaint will be dismissed, regardless of whether or not the Statute of...

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