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Church v. Wilson

209 N.Y. 553 Court N.Y. Decision date 1913-10-21 English

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p. 553
Mary M. Church, Appellant, v. Frank B. Wilson, as Executor of Timothy H. Pettit, Deceased, et al., Respondents.

Headnote

Church v. Wilson, 153 App. Div. 844 , affirmed.
(Argued June 19, 1918;
decided October 21, 1913.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 3, 1912, which modified a judgment of Special Term by striking out such part thereof as dismissed the complaint and adding thereto provisions construing the will of Timothy H. Pettit, deceased.
Monford C. Holley for appellant.
D. E. Brony and Abner T. Hopkins for respondents.

Judgment affirmed, with costs, on the opinion of Foote, J., below, so far as it deals with the construction and validity of the testator’s will.

Concur: Cullen, Oh. J., Werner, Willard Bartlett, Chase, Collin, Ouddebacic and Hogan, JJ.

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