Ellerson v. Westcott
New York Supreme Court
Appeal from special term, Chenango county. Action by Catharine C. Ellerson against Elizabeth P. Westcott and others. A motion for leave to serve an amended complaint was denied “upon the ground that in this action, which is an action of partition, the plaintiff cannot join therewith a cause of action such as she proposes to introduce by said amended complaint, to wit, an action to declare forfeited defendants’ rights claimed under the will, and because the proposed amended…
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Appeal from special term, Chenango county. Action by Catharine C. Ellerson against Elizabeth P. Westcott and others. A motion for leave to serve an amended complaint was denied “upon the ground that in this action, which is an action of partition, the plaintiff cannot join therewith a cause of action such as she proposes to introduce by said amended complaint, to wit, an action to declare forfeited defendants’ rights claimed under the will, and because the proposed amended complaint would render the complaint demurrable for misjoinder of cause of action, and the motion is not denied upon the…
1Opinion of the CourtMerwin, J.
In the complaint it is alleged that on the 9th May, 1891, Munroe Westcott, of Oneonta, N. Y., died, being then seised in fee of a large quantity of real estate, which is in the complaint fully described; that, the plaintiff is the sister of said Westcott, and that she and certain of the defendants, who are the children or descendants of another sister, constitute all of his heirs and next of kin; that, soon after his death, a paper purporting to be his last will and testament was produced by the defendant Elizabeth P. Westcott, in and by which the testator, after devising three pieces of real…
2Cases cited5 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Weston v. . StoddardNew York Court of Appeals · 1893
- Townsend v. . BogertNew York Court of Appeals · 1891
- Hewlett v. . WoodNew York Court of Appeals · 1875
- Collins v. CollinsNew York Supreme Court · 1891
3Cited by2 opinions
- In re the Accounting of StanleyNew York Surrogate's Court · 1945
- Dunn v. DunnNew York Supreme Court · 1906