Andrews v. Kirk
New York Supreme Court
Action by James B. Andrews, as testamentary trustee under the last will and testament of William P. Kirk, deceased, against Annie L. Kirk, individually and as testamentary trustee under the last will and testament of William P. Kirk, deceased, and others. On motion by plaintiff for judgment upon the pleadings. Motion granted.
1Opinion of the CourtGiegerich, J.
The action is for partition. The defendant Florence Kirk demurs to the complaint on the grounds: (1) That there is a defect of parties plaintiff, in that Annie L. Kirk, as one of the testamentary trustees of and under the last will and testament of *435William P. Kirk, deceased, has not been joined as a party plaintiff, and no reason or excuse is stated for the failure so to do; and (2) that the complaint does not state facts sufficient to constitute a cause of action. The defendant Florence Kirk has brought on this motion for judgment on the pleadings dismissing the complaint.
It appears from the…
2Cases cited1 opinion
- Cumming v. Middletown, Unionville & Water Gap RailroadAppellate Division of the Supreme Court of the State of New York · 1911