Majority
p. 819Gustav Erbe, Jr., Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Respondents, v. Lincoln Rochester Trust Company, Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Appellants. Argued October 2, 1961; decided October 5, 1961.
p. 820
Matthew J. Shevlin for motion.
Wallace J. Wolf, William H. Morris and Frederick W. McNabb, Jr., opposed.
Motion denied with leave to renew upon the argument.
Motion for permission to submit a portion of the record in typewritten form denied with leave to renew upon the argument.
Cases cited
- Erbe v. Lincoln Rochester Trust Co. 13 A D 2d 211 p. 819
- Riley v. Capitol Airlines, Inc. 14 A D 2d 509 p. 819