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PARKER v. ROGERSON

76 Misc.2d 705 (1973)

Geraldine M. Parker et al., Plaintiffs, v. J. Russell Rogerson et al., Individually and as Executors and Trustees of Geraldine G. Bellinger, Deceased, et al., Defendants. Gebbie Foundation, Inc., Plaintiff, v. J. Russell Rogerson et al., Individually and as Executors and Trustees of Geraldine G. Bellinger, Deceased, and of Marion B. Gebbie, Deceased, et al., Defendants.

Supreme Court, Erie County.

November 30, 1973

Attorney(s) appearing for the Case

Elias, Schewel & Schwartz (Marvin L. Schwartz and Carol M. Crosswell of counsel), for Geraldine M. Parker and another, plaintiffs. Nixon, Hargrave, Devans & Doyle (William H. Morris and David Kunkel of counsel), for Gebbie Foundation, Inc., plaintiff. Raichle, Banning, Weiss & Halpern (Frank G. Raichle and Ralph L. Halpern of counsel), for J. Russell Rogerson and others, defendants. Kelley, Drye, Warren, Clark, Carr & Ellis (Richard J. Concannon, Robert L. Haig and Leonard A. Blue of counsel) for Manufacturers Hanover Trust Co., defendant. Louis J. Lefkowitz, Attorney-General (Gustave Harrow of counsel), defendant.

JOSEPH P. KUSZYNSKI, J.

Liability arising from the breach of trust by the fiduciary Rogerson had been imposed upon the defendants, J. Russell Rogerson, Phelps Can Company, Burton N. Lowe, Rita R. Lowe, Lyman C. Wynne and Adele R. Wynne, all of whom were declared constructive trustees of the 250 shares of Phelps Can Company stock for the benefit of the beneficiaries of the estates of Marion B. Gebbie and Geraldine...

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