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action affirmed agreement alleged allowance amended amount answer App.Div Appellate Division application Argued attorney authority award Bank Board bond building cause certificate charge claim Company complaint Constitution construction contract Corporation costs counsel County creditors damages death deceased decision decree defendant denied Department determination directed dismissed duty effect entered entitled evidence executed executor fact filed findings follows funds grand granted held intent interest issue John judgment jurisdiction jury Justice leave liability Matter ment Misc modified mortgage motion notice opinion paid parties payment petitioner plaintiff present proceeding proceeds provisions question reason received recover referred relation respect respondent result reversed rule Second securities share statute stockholders Supreme Court Surrogate's Court Term thereof tion trial trust unanimously United York City