Rector of Church of Nativity v. Fleming — 285 N.Y. 706

Majority

p. 706

Rector, Churchwardens and Vestrymen of the Church of the Nativity et al., Appellants, v. Carrie O. Fleming, as Executrix of Andrew Fleming, Deceased, Respondent, Impleaded with Another.

Argued February 25, 1941;

decided April 17, 1941.

p. 707

Jackson A. Dykman and Robert B. Lisle for appellants.

Frederick M. Boyer, Chancellor of the Diocese of Central New York, amicus curiæ.

Herbert Peake and Benjamin H. Eisen for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.