Welles v. Webster
New York Supreme Court
Demurrer to complaint. The complaint alleges that the plaintiff is the executor of the last will and testament of Isaac Webster, deceased, and that he has been duly and legally authorized to act as such executor.
Read the full summary
Demurrer to complaint. The complaint alleges that the plaintiff is the executor of the last will and testament of Isaac Webster, deceased, and that he has been duly and legally authorized to act as such executor. It then states that the defendant is indebted to the plaintiff as such executor, on the demands and in the sums of money below specified, together with interest, &c., that is to say: One note of hand made by the defendant on the 9th of November, 1834, for seventy dollars, payable to Isaac Webster, or bearer. One note of hand payable to the plaintiff for $11,24, and dated the 31st day…
1Opinion of the Court
Welles, Justice.
If it is necessary or proper for a plaintiff who sues as executor or administrator, to make proferí of the letters testamentary, or of administration, which, I incline to think, the practice under the Code does not require, the omission to do so is not, in my opinion, a ground of demurrer, pro*253vided the complaint shows the plaintiff is such executor or administrator. It is not among the grounds provided by § 144, for which the defendant may demur to the complaint.
Under the former practice, when such profert was required, it could only be taken advantage of on special demurrer,…
2Cited by3 opinions
- Bien v. HellmanThe Superior Court of the City of New York and Buffalo · 1893
- Bien v. HellmanThe Superior Court of New York City · 1893
- Valleau v. CahillNew York Marine Court · 1877