Colby v. . Doty
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court- in the fifth judicial department, entered December 26, 1895, affirming a judgment of the Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material,, are stated in the opinion. There is no defect of parties plaintiff.
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Appeal from a judgment of the late General Term of the Supreme Court- in the fifth judicial department, entered December 26, 1895, affirming a judgment of the Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material,, are stated in the opinion. There is no defect of parties plaintiff. (Anderton v. Wolf, 41 Hun, 572; Littell v. Sayre, 7 Hun, 485 ; Wing v. Bull, 38 Hun, 291; Jones v. Felch, 3 Bosw. 63.) The complaint states facts constituting-a cause of action. (Matter of N. Y., L. & W. R. Co., 105 N. Y. 89 ; Vanderzee v. Slingerland, 103…
1Opinion of the CourtBartlett, J.
This action was brought, practically, to construe the will of Hiram Shearman, deceased; to determine what the intention of the testator was when disposing of his residuary estate to his only child.
The demurrer rests upon two grounds, viz.: Defect of parties, and the failure of the complaint to state facts sufficient to constitute a cause of action. On the argument, we were requested to confine our examination to the second ground.
The testator made his will June 13th, 1874, and died on the 12th of April, 1878, leaving a widow and one child, a daughter-named Electa, who was nine years old when…
2Cases cited1 opinion
- Stokes v. . WestonNew York Court of Appeals · 1894
3Cited by8 opinions
- Meriden Trust & Safe Deposit Co. v. SquireSupreme Court of Connecticut · 1918
- Young v. Munsey Trust Co.Court of Appeals for the D.C. Circuit · 1940
- Fetterman v. BinghamOhio Supreme Court · 1926
- In re the Accounting of GordonNew York Surrogate's Court · 1944
- Jones v. JonesOhio Court of Appeals · 1933
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