Duck v. McGrath
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Madeline M. Duck and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of December, 1913, denying plaintiffs’ motion for judgment on the pleadings and sustaining a demurrer interposed by the respondent to the complaint, with leave to plaintiffs to amend and plead over.
1Opinion of the Court
Burr, J.:
The sufficiency of the complaint in this action has been considered in Duck v. McGrath (160 App. Div. 482), decided herewith. This action is in equity, and the defendant the Brooklyn Trust Company, which is a trustee under the will of Leffert L. Bergen, deceased, and is in possession of a fund arising from property bequeathed by him to it of the value of more than $200,000, the income of which is now payable to Sarah E. Bergen, his widow, is a proper if not a necessary party thereto, .within, the general rule in equity actions that all persons who are or may be materially interested…
2Cases cited2 opinions
- Duck v. McGrathAppellate Division of the Supreme Court of the State of New York · 1914
- Burns v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1911