KING v. PELKOFSKI


24 A.D.2d 1003 (1965)

Rose King, Appellant, v. Joseph Pelkofski, Defendant, and Genevieve Pelkofski et al., Respondents

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

December 13, 1965


Judgment reversed on the law, without costs, and matter remitted to the Supreme Court, Suffolk County, for the entry of judgment in accordance herewith. The findings of fact are affirmed.

In our opinion, the learned Trial Judge properly determined that a valid trust was created by the instrument dated August 4, 1961, and that consequently the defendant Joseph Pelkofski was without power or authority to execute a mortgage on the real property which was the subject...

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