In re the Accounting of the Marine Midland Trust Co.
In the Matter of the Accounting of the Marine Midland Trust Company of Rochester, as of and Trustee under the Will of Frank Wells, Appellant-Respondent. Lewis A. Wells
Opinion of the Court
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Order affirmed on the opinion at the Appellate Division, with costs to all parties appearing separately and filing separate briefs payable out of the estate.
Concur: Chief Judge Fuld and Judges Burke, Breitel and Jasen. Judges Scileppi, Bergan and Gibson dissent and vote to modify and reinstate the decree of the Surrogate’s Court on the Surrogate’s opinion.
How later courts describe this case
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(objectants to will seeking to establish partnership with decedent had burden of proving its existence)
Cited by 36 cases
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