Maneri v. Amodeo

Defendant moves for judgment on the pleadings pursuant to section 476 of the Civil Practice Act on the ground that plaintiffs’ complaint fails to state a cause of action. The motion is granted.

The complaint alleges that plaintiffs are sons of the decedent (there is no indication that they are the only children) and that decedent prior to her de'ath employed the defendant, an attorney, to prepare a will for her execution. It is claimed that decedent directed the defendant to provide for a residuary clause naming plaintiffs as legatees thereof. The decedent could neither read nor write English…