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Durand v. Gregory

162 A.D. 925 Court N.Y. App. Div. English

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p. 925
John E. Durand, as Executor, etc., Plaintiff, v. John H. Gregory and Others, as Executors, etc., and The Central Bank of Rochester, Defendants.

Action upon the submission dismissed, without costs, except actual disbursements. Held, that the plaintiff has no equitable right to compel the defendant Central Bank to proceed against the Wilder estate. Order to be settled before Mr. Justice Merrell on two days’ notice. All concurred.