Kelley v. Winslow

Kellogg, J. A., J.

The defendant has demurred to the complaint of the plaintiff in this action upon the grounds:

First. That it appears upon the face of the complaint that the plaintiff has no legal capacity to sue.

Second. That the complaint does not state facts sufficient to constitute a cause of action.

The complaint alleges:

First. That Thomas C. Kelley died, leaving a last will and testament which was duly admitted to probate by the surrogate of Saratoga county, January 23, 1909.

Second. That said will bequeathed to the defendant, the sister of deceased, a legacy of $5,000, which was' paid her…