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MATTER OF CARVEL

2 A.D.3d 846 (2003)

769 N.Y.S.2d 403

In the Matter of the Estate of THOMAS CARVEL, Deceased. PAMELA CARVEL et al., Respondents-Appellants; THOMAS & AGNES CARVEL FOUNDATION, Appellant-Respondent; HERBERT F. ROTH, C/O ANDREAS HOLDING CO., Respondent-Appellant.

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

December 29, 2003.

Ordered that the decree is affirmed, without costs or disbursements.

On February 13, 1988, Thomas Carvel and Agnes Carvel executed a "stock power" purporting to transfer 115 shares in Chain Locations of America, Inc. (hereinafter Chain), from Thomas Carvel and Agnes Carvel to Thomas Carvel. Thereafter, however, no new stock certificates were issued and no other documents, such as corporate books, were amended to reflect Thomas Carvel's sole ownership. In addition...

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