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Isham v. New York Ass'n for Improving Condition of Poor

78 N.Y.S. 1121 Court N.Y. App. Div. Decision date 1902-11-07 English

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p. 1121
ISHAM et al. v. NEW YORK ASS’N FOR IMPROVING CONDITION OF POOR et al.
(Supreme Court, Appellate Division, First Department.
November 7, 1902.)

Headnote

Submission of controversy between William B. Isham and another, as executors of Mary J. Walker, deceased, and the New York Association for Improving the Condition of the Poor and others.
Dismissed.
H. W. Simpson, for plaintiffs. E. W. Sheldon, George Coggill, H. L. Morris, G. C. Kobbe, and John H. Cole, for defendants.

Upon an examination of this record we have come to the conclusion that wo cannot determine the question which has been submitted without the whole will upon which it depends being before us. We think, therefore, that this proceeding should be dismissed, with leave to file a new submission.'