Hamilton v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Pierson Hamilton and another, as executors, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of January, 1908, denying tli¿ said defendants’ motion to strike out certain portions of the complaint as redundant.
1Opinion of the Court
McLaughlin, J.:
This action is brought under section 2653a of the Code of Civil Procedure to procure a judgment declaring invalid three codicils to the will of Alice Hamilton, deceased, which had been admitted to probate. The facts set out in the complaint, upon which such judgment is asked, are that the testatrix, at the time of the execution of *620the codicils, was of unsound mind and incompetent to make a will. A motion was made to strike out all of subdivision 3 and a part of subdivision 4 of the complaint upon the ground that the matter there set forth is irrelevant and redundant. The motion…
2Cases cited4 opinions
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Dinkelspiel v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Schroeder v. PostAppellate Division of the Supreme Court of the State of New York · 1896
- Tradesmen's National Bank v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Young v. WhiteAppellate Division of the Supreme Court of the State of New York · 1913
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Solomon v. LaGuardiaAppellate Division of the Supreme Court of the State of New York · 1944