Foulks v. Foulks
New York Supreme Court
Appeal from special term, Kings county. Action by John W. Foulks against Thomas Foulks and others, executors of William Foulks, deceased, and others, for a legacy to which plaintiff was entitled under the will of the decedent. From an interlocutory judgment overruling his demurrer to the complaint, Charles H. Foulks, one of the defendants, appeals.
1Opinion of the CourtPratt, J.
Various objections are made to the sufficiency of the complaint. It is said no allegation is made that plaintiff has demanded his legacy. It is alleged that the executors have refused to pay it to him; and a distinct refusal by them to pay may be sufficient to excuse him from making a formal demand. It is objected that there is no allegation that a year has expired since letters were issued to the executors. The allegation is that the will was admitted to probate September 13, 1886, and the summons is dated in 1889. *113We think it may be inferred that letters were issued to the executors named…
2Cited by1 opinion
- Barnes v. BlakeNew York Supreme Court · 1891