Order affirmed, with $10 costs and disbursements.
In our opinion, triable factual issues exist which include that of when it was that the deed from Bertha Smith to Lauretta F. Clark with respect to lot 4 was delivered and, if delivered subsequent to Mrs. Smith's decease, whether it was done pursuant to a trust agreement with executor Flint as alleged by plaintiff. The implications suggested by the litigants and the facts which they claim support their respective positions...
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