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7 In the Matter of the Paper Propounded as the Last Will and Testament of James Stokes, Deceased: Case on Appeal 1884

handle is hein.trials/jmsstkes0007 and id is 1 raw text is: 




C G. Burgoyne's Printing Business, 146-150 Centre St., N, Y,


T1  tutt of , ppraIo.


WILLIAM  E. DODGE
Plaintiff and Resp

         AGAINST


STOKES,
ondent,


ANSON  PHELPS STOKEs  and others,
                      Defendants,
and JOHN A. STEWART, ANSON PHELPS
  STOKES and JOHN HARSEN RHOADES,
  as  Executors, &c., of Isaac N.
  Phelps, deceased,
      Defendants and Appellants.


BRIEF ON BEHALF OF THE APPEL-
                    LANTS.

                  Statement.

  This is an appeal from an order and an interlocutory
judgment of the General Term, for the First Depart-
ment, entered February 18th, 1891, affirming the de-
cision of the Special Term and overruling the demurrer
interposed to the complaint by the defendants, execu-
tors of the will of Isaac N. Phelps, deceased.
  The  action grew out of  the late partnership of
Phelps, Stokes & Company.' That firm was organized
October  31, 1878, for the purpose of transacting a
general banking business in the City of New York (fols.

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