Judgment and order modified, on the law, by adding thereto provisions declaring that the real property in question is not burdened by a trust in favor of plaintiff by virtue of the decedent's indebtedness to her. As so modified, judgment and order affirmed, without costs or disbursements.
No questions of fact were considered on this appeal. As this action is, in part, for a declaratory judgment, it was error to dismiss the complaint without making a proper declaration...
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