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MATTER OF ALBRIGHT

283 A.D. 1082 (1954)

In the Matter of The Estate of James E. Albright, Deceased. William W. Albright, as Executor of James E. Albright, Deceased, Respondent; Edith E. Falvey [Albright], Appellant

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

June 14, 1954.

Order granting a separate trial affirmed, without costs.

No opinion.

Schmidt, J., dissents and votes to reverse the order and to deny the motion for a separate trial and to grant the cross motion for a single trial of all the issues, with the following memorandum:

The only basis for appellant's claim as alleged by her is that she is the widow of the decedent and at the time of the settlement agreement she was not advised and was unaware...

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