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QUINLAN v. EMPIRE TRUST COMPANY

139 F.Supp. 168 (1956)

Helen R. QUINLAN, Jeanette R. Aitker, Catherine B. Russell, as Executrix of the Estate of John N. Russell, Deceased, F. Kenneth Fagan, Arthur J. Fagan and Donald Fagan, Plaintiffs, v. EMPIRE TRUST COMPANY, William E. Conley, Kenneth Fox and Ruth Zverina, Defendants.

United States District Court S. D. New York.

March 23, 1956.

Attorney(s) appearing for the Case

John Collins, New York City, Sherpick, Regan & Davis, New York City, of counsel, for plaintiffs.

Charles G. Coster, New York City, for defendants.

IRVING R. KAUFMAN, District Judge.

In this action, plaintiffs, who are the next of kin and distributees of the late Nellie T. Houley (hereafter Mrs. Houley), seek to have declared null and void, upon the grounds of fraud, undue influence and mental incapacity, certain instruments executed by Mrs. Houley, to wit: (1) an agreement executed on June 9, 1951 whereby Mrs. Houley agreed to make a will leaving all of her property to the defendant Conley, her son-in-law; ...

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