Bruff v. Rochester Trust & Safe Deposit Co.
New York Supreme Court
Motion on behalf of the defendant to dismiss the complaint on the ground that it fails to state a cause of action and that the plaintiffs’ remedy, if any, is in equity.
1Opinion of the CourtStephens, J.
Charles A. Bruff, the plaintiffs’ intestate, died January 7, 1920. The plaintiffs were appointed and they duly qualified as administrators of his estate. He was the husband of Ardelia Bruff who died February 19, 1918, leaving a last will and testament in which the Fidelity Trust Company of Rochester was named as executor. Said trust company qualified as such executor upon the probate of the will.
It appears from the complaint that on January 20, 1910, one Sarah L. Willis and the said Fidelity Trust Company entered into an agreement in which, among other things, it was recited that said Willis…
2Cases cited3 opinions
- Holden v. . StrongNew York Court of Appeals · 1889
- In Re the Accounting of KlenkNew York Court of Appeals · 1915
- In re the Judicial Settlement of the Account of KlenkAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- In re the Estate of GatehouseNew York Surrogate's Court · 1933
- Bruff v. Rochester Trust & Safe Deposit Co.New York Supreme Court · 1925