In re the Accounting of Allan

Desmond, J. (dissenting in part).

I dissent from so much of this decision as allows appellant executor to replead the objection that decedent “ did not act voluntarily and of her own free will, but rather as the result of unreasonable pressure, possibly constituting duress, exerted either by Virginia A. Luginbuhl, now Virginia A. Carter, a party to this proceeding, or by other persons whose names are at present unknown to objectant.” Such language raised no issue and was meaningless as a pleading (see Kamenitsky v. Corcoran, 177 App. Div. 605; Liscomb v. Agate, 51 Hun 288; Prouty v. Nichols,…