Spitz v. Dimond

The opinion of the court was delivered by

Colie, J.

This appeal is from an order denying defendant’s motion to dismiss an amended bill of complaint. The bill in its first four counts sets forth that one Louis Spitz died in 1929, leaving a last will and testament by which he put the residue of his estate in trust to be divided, both as to income and principal, among his widow, Minnie Spitz, and his four sons, Edward, Henry, Milton and Jerome, who are the complainants. The will appointed as executors the widow, Minnie Spitz, a brother, Jacob Spitz, and a friend and business associate, Philip…