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Humbeutel v. Humbeutel

277 A.D.2d 981 Court N.Y. App. Div. Decision date 1950-10-31 English

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Majority

p. 981
Charles Humbeutel, as Executor of Anna Humbeutel, Deceased, Respondent, v. Harry Humbeutel, Appellant.

Order reversed, with $20 costs and

p. 982
disbursements to the appellant, and the motion denied without prejudice to proper proceedings to establish the right o£ plaintiff to present possession of the property sought to be turned over subsequent to the death of Anna Humbeutel. No opinion. Present — Peek, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.; Cohn, J., dissents and votes to affirm. Settle order on notice. [See 278 App. Div.-555.]