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O'HAYER v. ST. AUBIN

24 A.D.2d 604 (1965)

Lorraine O'Hayer, Respondent, v. Ovide De St. Aubin, Jr., Appellant

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

July 12, 1965

Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

Defendant contends that the action should not be permitted to continue in the absence of certain contingent remaindermen who were not subject to the jurisdiction of the court. In our opinion, under the circumstances of this case the nonresident contingent remaindermen are not persons who should be joined pursuant to the statute (CPLR 1001, subd....

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