General
Elsa P. Caldwell et al., as Executors of Theodore G. Caldwell, Deceased, et al., Plaintiffs, v. United States Trust Company of New York, as Executor and Trustee of Gertrude E. Caldwell, Deceased, Defendant
4 A.D.2d 748·New York Supreme Court, Appellate Division·1957·NY
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Opinion
Elsa P. Caldwell et al., as Executors of Theodore G. Caldwell, Deceased, et al., Plaintiffs, v. United States Trust Company of New York, as Executor and Trustee of Gertrude E. Caldwell, Deceased, Defendant.
[MAJORITY]
Submission of a controversy on an agreed statement of facts (Civ. Prac. Act, §§ 546-548). Judgment is unanimously directed for defendant, without costs, (1) declaring that the mortgage in suit constituted an enforeible lien upon the real property at the time of the delivery of the satisfaction piece and (2) in the amount of $8,500, with interest at the rate of 5% per annum. Present — Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Hallinan, JJ.