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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