Ehnes v. Nolan

This is a motion to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

Plaintiff, a creditor of one William E. Murphy, deceased, brings an action under section 170 of the Decedent Estate Law to recover from the legatees of a deceased legatee of the deceased debtor Murphy, to the extent of the assets received by defendants-legatees from the estate of their testator who previously, *103by way of legacy, received a portion of the deceased debtor’s estate.

Under section 170, an action may be maintained against “ the surviving husband or wife of…