Deyo v. Adams

Motion to dismiss the complaint under rule 106 of the Rules of Civil Practice upon the ground that it appears on the face of said complaint (a) that it fails to state facts sufficient to constitute a cause of action; (b) that the plaintiff has not legal capacity to sue or, in the alternative, to require plaintiff to separately state and number each cause of action.

The action is brought by Ann Deyo, as executrix of the estate of William J. Deyo, deceased, who seeks to recover for the estate certain United States Savings Bonds. Plaintiff was married to William J. Deyo on December 5, 1939. He…