The order should be affirmed.
The complaint attempts to set forth an equitable action to impress a trust. However, the plaintiff has failed to plead facts showing any consideration for the alleged oral promise of the deceased husband to designate the plaintiff wife as the beneficiary of all death benefits due from his employer, the State of New York. Plaintiff has failed to plead any acts performed by her, other than gratuitous acts, which prompted decedent's promise...
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