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action affirmed agreement alleged amended amount Appellate Division application attorney authority Bank bond Brooklyn cause charge Charles claim Company complaint concur condition contract Corporation costs costs and disbursements counsel County death deceased decedent decision decree defendant denied determination Digests & Indexes directed dismiss effect entered entitled evidence executor existing facts follows fund give given granted ground held hold interest issue John judgment jurisdiction Key-Numbered Digests leave March March 27 Matter Misc mortgage motion notice opinion Order filed paid parties payment person plaintiff present proceeding question Realty reason received relator respondent reversed rule Second Department shares Special statute Supreme Court Surrogate's Court tenant Term tion topic & KEY-NUMBER trial trust York City