DEXTER v. McALLISTER


64 N.Y.2d 1149 (1985)

Edwin B. Dexter, as President of New York Council, Navy League of the United States, Respondent, v. James P. McAllister et al., as Trustees of the New York Council Navy League Scholarship Fund, Appellants.

Court of Appeals of the State of New York.

Decided May 2, 1985.


Attorney(s) appearing for the Case

Peter Tufo and Anita Fisher Barrett for appellants.

Israel G. Seeger for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the rights of the parties under article V of the trust agreement of July 30, 1964 declared in accordance with this memorandum.

This action involves a dispute over the election of trustees and interim trustees to fill unexpired terms on the Board of the New York Navy League Scholarship Fund. The Fund was created in July 1964 by a trust...

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