WALDENMAIER v. JONES


37 A.D.2d 828 (1971)

Mildred A. Waldenmaier, as Administratrix of The Estate of George H. C. Ramm, Deceased, et al., Respondents-Appellants, v. Kenneth A. Jones, as Executor of George F. Ramm, Deceased, Appellant-Respondent

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

October 26, 1971


Defendant-appellant-respondent shall recover of plaintiffs-respondents-appellants $50 costs and disbursements of this appeal. There are too many cross currents and inherent difficulties of proof to warrant any summary treatment of this litigation. All the principals being dead, a trial will be difficult enough. A disposition based on papers, none of them authored by a party, and involving so many issues of credibility, is unacceptable. The rule is clear that a court may not...

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