Scholen v. Guaranty Trust Co.

Lehman, Ch. J.

The defendant made a motion pursuant to rule 106, subdivision 5, of the Rules of Civil Practice, for an order dismissing the complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action. Upon that motion the court may, of course, consider only the sufficiency of the allegations contained in the complaint. In this opinion we treat the allegations of the complaint as established facts.

The plaintiff seeks damages alleged to have been caused - to legatees named in the last will and testament of Frederick B. Aebly by the failure of the…