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ELMORE v. SNOW

30 A.D.2d 464 (1968)

John A. Elmore, Respondent, v. Elizabeth B. Snow et al., Appellants

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

October 30, 1968.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols (Charles E. Nichols of counsel), for appellants.

Harry R. Hayes for respondent.

GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.

HERLIHY, J.

This case has been before this court previously on a motion for summary judgment and the facts are set forth at 26 A.D.2d 719. Upon that and another appeal this court held (1) that the agreement was not illegal per se; and (2) that the agreement constituted a contract as opposed to a testamentary document; and (3) that factual issues existed as to the possible intention...

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