Wallace v. Bouvier
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frances L. Wallace and another, as committee, 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 13th day of October, 1910, granting the defendants’ motion for judgment on the pleadings made pursuant to section 547 of the Code of Civil Procedure, and also from the judgment entered on the same day upon such order.
1Opinion of the Court
Miller, J.:
The action is brought under section 2653a of the Code of Civil Procedure in behalf of Allen Wallace, an incompetent person, the sole heir at law and next of kin of the testator: It appears by the codicil which is annexed to the complaint that Annie Marie Wallace and the trustees of Union College are legatees. The respond*526ents answered but did not allege that there was a defect of parties defendant.
Section 2653a provides : “All the devisees, legatees and heirs - of the testator and other interested persons, including the executor or administrator, must be parties to the action ; ”…
2Cases cited1 opinion
- Wood v. FaganAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Judson v. StaleyAppellate Division of the Supreme Court of the State of New York · 1914