WOLTHER v. SAMUEL


110 A.D.2d 506 (1985)

Irving Wolther et al., Respondents, v. Lillian Samuel et al., Appellants

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

April 2, 1985


The action was brought by the brother and two nieces of decedent to impose a constructive trust upon the assets of decedent Leon Wolther, which were alleged to be in the hands of defendants. It is asserted that, prior to his death, the decedent allowed his substantial assets and property to remain in accounts held jointly with his niece, defendant Lillian Samuel, but he had expressed an intention that his wealth be shared by his other surviving heirs. The complaint charges...

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