Chatterton v. Chatterton
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Jennie L. Chatterton against Nellie Mar Chatterton,. individually and as executrix, and others. From a judgment sustaining a demurrer to the complaint, plaintiff appeals.
1Dissent
GOODRICH, P. J. (dissenting).
The demurrer raises the question whether several causes of action can be united in the same complaint. Referring to the prayer of the complaint, we find that it demands judgment—First, construing a will, and declaring the rights and powers of the executors, and of several, but not all, of the defendants, as the persons interested in the estate under the provisions of the will; second, the removal of the executors for misconduct, and the appointment of a trustee in their place; third, the reconveyance by one of the defendants of real property which is claimed to…
2Cases cited1 opinion
- Arkenburgh v. WigginsAppellate Division of the Supreme Court of the State of New York · 1897