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ANNA M. GARDNER, as Executrix of PERCY GARDNER, Deceased, Respondent, v. FRANK GERSTEIN et al., Appellants.

Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

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GARDNER v. GERSTEIN
(Jul 8, 1959)