JOHNSON v. JOHNSON


35 A.D.2d 903 (1970)

Penelope Johnson et al., Infants, by Their Mother, Wanda J. Simiele, et al., Appellants, v. Culo I. Johnson, as Executrix of Mattie P. Flanagan, Deceased, et al., Respondents

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

November 5, 1970


Judgment and order unanimously modified in accordance with the memorandum herein, and as so modified, affirmed, without costs.

Memorandum:

Plaintiffs seek to impose a constructive trust based on an alleged oral agreement to make provision for them in the will of one Mattie P. Flanagan, in which will defendant is named the executrix and sole beneficiary. The complaint contains three separate causes of action and Special Term granted defendant's motion for summary...

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