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Brand v. Brand

284 A.D. 842 Court N.Y. App. Div. Decision date 1954-09-28 English

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p. 842
In the Matter of Regina Brand, Respondent. Martha Brand et al., as Trustees, Appellants. Regina Brand, Respondent, v. Martha Brand et al., Appellants.

Order appealed from reversed and motion for a stay granted. Orderly, procedure requires a trial and determination of the action before the accounting proceeding is heard. The one is based upon the claimed invalidity of the trust and the other upon its presumed validity. The issue of the validity of the trust should be first determined. Present -Peck, P. J., Dore, Breitel, Bastow and Botein, JJ.