Blodgett v. Orton

In this action, the plaintiff sought a declaratory judgment, and also equitable relief. . To the complaint, a demurrer was interposed and sustained. Later, the plaintiff tendered an amended complaint, which the court refused on the ground that, it was not materially different from the original complaint. From the judgment entered dismissing the action, the plaintiff appealed.

The facts stated in the complaint, which is long and a little involved, so far as material here, will be summarized. Josephine V. Blodgett, a resident of the state of New York, died testate October 26, 1924. In her will,…