DUNCAN v. DUNCAN


283 A.D. 859 (1954)

Beryl Duncan, an Infant, by Louis Harris, Her Guardian ad Litem, Respondent, v. Willette J. Duncan, as Administratrix of The Estate of Miles Duncan, Deceased, Appellant

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

April 13, 1954.


Judgment affirmed, with costs.

No opinion.

Peck, P. J., and Bastow, J., dissent and vote to reverse and dismiss the complaint in the following memorandum:

We think the Statute of Frauds is a bar to this claim and therefore the complaint should be dismissed. We are further of the opinion that there was error in the admission of the testimony of the grandmother contrary to the provisions of section 347 of the Civil Practice Act. A reversal and a new...

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