WHELAN v. GREENWOOD CEMETERY


27 A.D.2d 564 (1966)

Sidney S. Whelan, Jr., et al., Appellants, v. Greenwood Cemetery, Respondent

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

December 19, 1966


Reversed, with $30 costs and disbursements; plaintiffs' motion for summary judgment granted; and action remanded to the Special Term for the making and entry of an appropriate judgment declaring rights in accordance with the views set forth herein.

One Minnie Harder died on December 1, 1934 and her last will and testament was duly admitted to probate. The critical provision of the will, with respect to this action for a declaratory judgment, devised her large plot...

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