Herzog v. Marx

The demand of the complaint is for a money judgment to be apportioned among the defendants in proportion to the legacies or distributive shares received by them from the estate of a decedent. The plaintiff has noticed the trial for the equity side of the court, and the defendants move to strike the cause from the Special Term calendar. The action is based on the breach of a covenant of seizin which is essentially one at law. It might have been maintained at' law against the executor of the estate. But the Code permits suits against legatees, next of kin and the surviving husband or wife, and…