Schnakenberg v. Schnakenberg

This is an action by a widow, excluded as a beneficiary under the will of her deceased husband, to set aside a deed of trust made by her husband as a fraud upon her and as an illusory transfer. The relief sought is that she be awarded such portion of the property of decedent as forms a part of the trust fund under the deed of trust and which she would be entitled to take under the Decedent Estate Law (§ 83) had her husband died intestate. The sufficiency of the complaint is questioned on this appeal.

From the factual allegations of the complaint and the exhibits thereto annexed, it appears…