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HEALY v. EMPIRE TRUST CO.

301 N.Y. 620 (1950)

Thomas M. Healy, as Executor of Mary K. Stevens, Deceased, Respondent, v. Empire Trust Company, as Sole Surviving Trustee under The Will of Thomas B. Hidden, Deceased, et al., Defendants; Home for Old Men and Aged Couples et al., Appellants, and Jacob T. Shoenholz, as Substituted Administrator with the Will Annexed of Cornelia E. Stevens, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

A. Hayne de Yampert, Walter F. Burke, Jr., Edward T. Pierce, Wilberforce Sully, Jr., Raymond A. Tierney, George N. Whittlesey, Williston Benedict, Malcolm G. Spooner, David G. Ashton, Robert A. West, Charles F. Hopkins and John E. Mack for Home for Old Men and Aged Couples and others, appellants.

Milton Schilback and E. Williams Holmes for Thomas M. Healy, respondent.

Milton Schilback for Jacob T. Shoenholz, respondent.

William L. Woodward for Empire Trust Company, defendant.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.

Judgment affirmed, with costs to each party, or group of parties, filing separate briefs payable from the four trusts in the proportions fixed by the judgment of the Appellate Division...

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