Gibb v. Chisholm

Motion of defendant Winifred Chisholm Browne to dismiss the complaint on the ground that plaintiff is without legal capacity to sue is granted. As to the second ground of the motion to dismiss, viz., that the complaint is legally insufficient in that it does not state facts sufficient to constitute a cause of *893action, determination thereof is deemed unnecessary in view of the dismissal on the first motion ground, since thereby the action is at an end.

It appears that Julia Rhinelander Small, deceased, died a resident of England, and that plaintiff, who was named in the will which was probated…