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MATTER OF WELLS

282 A.D. 432 (1953)

In the Matter of the Accounting of Peoples Bank of Johnstown, as Trustee under The Will of David A. Wells, Deceased, Respondent. Joseph D. Oliver, Jr., et al., Respondents; Gertrude K. Hayward et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 2, 1953.

Attorney(s) appearing for the Case

Walter J. Hogan for appellants.

Herbert W. Patterson for Joseph D. Oliver, Jr., and others, respondents.

Alfred D. Dennison for trustee, respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.

HALPERN, J.

This case presents an interesting aftermath of Oliver v. Wells (254 N.Y. 451) decided by the Court of Appeals, in an opinion by Chief Judge CARDOZO, in 1930.

The underlying facts are very complicated; they go back to 1905. On January 30, 1905, Alida G. Wells conveyed the Wells homestead property in the city of Johnstown, New York, to two of her sons, Nathan P. Wells and David A. Wells...

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