Wellbrock v. Roddy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward Roddy and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of October, 1914, overruling their demurrers to the amended complaint.
1Opinion of the Court
Thomas, J.:
The executors of Henry Wellbrock, purporting to execute a power of sale, conveyed land to each of the appellants. The plaintiff is an heir at law of the decedent and one of the devisees of the remainder and seeks to set aside the conveyances, to partition the land conveyed and other property and to compel the executors to account. The appeal is from a judgment overruling demurrers to the complaint upon the ground that it does not state a cause of action against the purchasers, and that it improperly joins causes of action. The will, among other things, gives the residue of…
2Cases cited11 opinions
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Russell v. . RussellNew York Court of Appeals · 1867
- Briggs v. . DavisNew York Court of Appeals · 1859
- Hancox v. . MeekerNew York Court of Appeals · 1884
- Smith v. . PeyrotNew York Court of Appeals · 1911
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3Cited by1 opinion
- United States v. BenedictCourt of Appeals for the Second Circuit · 1922