Bruner v. Torrey
Appellate Division of the Supreme Court of the State of New York
Appeal by -the plaintiff, Evelyn Day Bruner, from an order of the Supreme Coui't, made at the Kings County Special Term and entered in -the office of the cleric of the county of Kings on the 1st day of October, 1910, -sustaining the respondents’ demurrers to the complaint.
1Opinion of the Court
Thomas, J.:
The action is to test the validity of a will .and its.probate. Two ■ defendants conceived nine grounds of demurrer to the complaint,, seven of which are bad. The reference to the earlier unprobated will is to account for the presence of certain persons who are alleged to claim interest thereunder, perchance, and went quite far:enough for-that purpose. The will is not probated, and Warner is .not -its executor, nor has an administrator of Layton Ellis Day 'been appointed. This, disposes of the second, -fifth, sixth and seventh grounds of the demurrer. Torrey as executor, not…
2Cases cited1 opinion
- Knox v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
3Cited by1 opinion
- Bruner v. TorreyAppellate Division of the Supreme Court of the State of New York · 1912