General

Cheever N. Ely, as Executor, etc., of Smith Ely, Deceased, Plaintiff, v. Maria L. Vanderpoel and Others, Defendants, Impleaded with New York State Realty and Terminal Company and Others, Appellants, and George B. Vanderpoel and Another, as Ancillary Executors, etc., of Maria L. Vanderpoel, Deceased, and Others, Respondents

208 A.D. 793·New York Supreme Court, Appellate Division·1924·NY

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Opinion

Cheever N. Ely, as Executor, etc., of Smith Ely, Deceased, Plaintiff, v. Maria L. Vanderpoel and Others, Defendants, Impleaded with New York State Realty and Terminal Company and Others, Appellants, and George B. Vanderpoel and Another, as Ancillary Executors, etc., of Maria L. Vanderpoel, Deceased, and Others, Respondents. [MAJORITY] Judgment affirmed, with costs. No opinion. Present —Clarke, P. J., Dowling, Smith, Merrell and McAvoy, JJ.