Early v. Nash
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Early, from ’ an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 22d day of January, 1910, denying the plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Thomas, J.:
The testatrix, a widow, died leaving a will and four codicils thereto, and three daughters and three sons, to whom, save two of the sons, she gave her property, excepting one general legacy of $5jD0 to Mnnro, and several specific legacies to grandchildren and a niece.. *737In this action, attacking the validity of the last two codicils, the two sons excluded from the will, Munro and such special legatees are not made parties. The questions are whether there is a defect. of parties defendant and a failure to state a cause of action. The 1st and 2d codicils do not materially 'affect the…
2Cases cited4 opinions
- Stall v. . WilburNew York Court of Appeals · 1879
- Lewis v. . CookNew York Court of Appeals · 1896
- Brinkerhoff v. TiernanNew York Supreme Court · 1908
- Wood v. FaganAppellate Division of the Supreme Court of the State of New York · 1908