Costa v. Pratt

Plaintiff brings this action individually and on behalf of the other distributees of Philip Costa, deceased, and as administrator of his estate for the impressment of a trust on certain real property and to recover the rents and profits thereof.

Defendant has moved for an order directing that all the distributees of Philip Costa be made parties, that the plaintiff, as administrator, be dropped as an improper party and that the complaint be dismissed upon the ground that the agreement on which the action is founded is unenforeible under the provisions of the Statute of Frauds.

That part of the…