Wells v. Betts
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, uolin I. Wells, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of St. Lawrence on the 24th day of May, 1898, upon the dismissal of the complaint by direction of the court at the St. Lawrence Trial Term.
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Appeal by the plaintiff, uolin I. Wells, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of St. Lawrence on the 24th day of May, 1898, upon the dismissal of the complaint by direction of the court at the St. Lawrence Trial Term. The defendant made a motion to dismiss the complaint upon the pleadings on the grounds: (1) That the plaintiff had not capacity to sue under section 2653a. of the Code of Civil Procedure. (2) That there are improperly united in the complaint two causes of action; one apparently under section 2653a of the…
1Opinion of the Court
Landon, J.:
The plaintiff has a capacity to sue, since he rests under no legal disability. The question intended to be raised by the allegation of his incapacity is .whether he is embraced within either class of persons to whom section 2653a of the Code of Civil Procedure gives the particular remedy therein provided. This question we proceed to consider, since if the remedy is not given to him, the complaint was properly dismissed.
The section, as first enacted in 1892, provided that “Any person interested in a will or codicil admitted to probate in this State, as provided by the Code of Civil…
2Cases cited3 opinions
- Hatfield v. . SnedenNew York Court of Appeals · 1873
- Lewis v. . CookNew York Court of Appeals · 1896
- Ocobock v. EelesAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Pringle v. BurroughsAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Will of RuppanerNew York Surrogate's Court · 1895
- In re the Probate of a Paper Purporting to be the Last Will & Testament of BrandAppellate Division of the Supreme Court of the State of New York · 1902