Coyle v. Ward
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ellen M. A. Coyle, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered _ in the office of the clerk of the county of New York on the 9th day of June, 1898, upon the.decision of the court rendered after a trial at the New York Special Term overruling the demurrers interposed by the plaintiff to the separate defenses contained in the defendants’' amended answer,
1Opinion of the Court
Patterson, J.:
The plaintiff, one of the three children and heirs at law of Edward Ward, deceased, brought this suit against her two brothers, alleging that they, during the lifetime of their father, conspired to defraud her of a share in the inheritance of that father’s property, and -by fraud procured him to make two conveyances of real estate to them, and also a will, by the terms of which she was excluded from sharing in the estate. The pleader, recognizing the rule that in civil actions mere allegations of conspiracy are unavailing unless coupled with averments of acts done in pursuance…
2Cited by1 opinion
- Markle v. OsborneAppellate Division of the Supreme Court of the State of New York · 1923