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GEBBIE FOUND. v. ROGERSON

62 Misc.2d 944 (1970)

Gebbie Foundation, Inc., Plaintiff, v. J. Russell Rogerson, Individually and as Executor and Trustee under the Will of Geraldine G. Bellinger, Deceased, et al., Defendants.

Supreme Court, Erie County.

March 26, 1970

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle for plaintiff. Raichle, Banning, Weiss & Halpern for J. Russell Rogerson and others, defendants. Kelly, Drye, Newhall, Maginnes & Warren for Manufacturers Hanover Trust Company, defendant. Louis J. Lefkowitz, Attorney-General (Gustave Harrow of counsel), for ultimate charitable beneficiaries.

MICHAEL CATALANO, J.

Defendants, J. Russell Rogerson, individually and as executor and trustee under the last will and testament of Geraldine G. Bellinger, deceased, and as executor and trustee under the last will and testament of Marion B. Gebbie, deceased, Phelps Can Company, Burton N. Lowe, Rita R. Lowe, Lyman C. Wynne, Adele R. Wynne ("Applicants"), apply for a judgment dismissing the cross claim of defendant...

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