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UNITED STATES TRUST COMPANY OF NEW YORK, as Trustee, etc., Respondent, v. ZILLAH T. WENZELL et al., Appellants, and AMBROSE DAY, Respondent, Impleaded with Others.

Judgment affirmed, with costs to defendant-respondent; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, SEARS and LEWIS, JJ. Dissenting: RIPPEY and CONWAY, JJ.

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UNITED STATES TRUST COMPANY OF N.Y. v. WENZELL, DAY
(Nov 19, 1940)