Home Brewing Co. v. Mahler

Backes, V. C.

This motion is to strike out the bill for want of equity.

The complaint contains allegations that are impertinent and prayers that are vain, which tend to confuse, but stripped of extraneous matter, the bill is for a discovery and an accounting of the assets of a decedent’s estate, which the executrix is called upon to make.

The pertinent facts and the admissible prayers are these: Reuben Mahler, at the time of his death, was indebted to the complainant in the sum of $15,343.81. Bjr his will, admitted to probate by the surrogate of Middlesex county November 14th, 1918, he gave his…