Legal Opinion
Phillips v. Wisner
New York Supreme Court
Decided January 15, 1912Published
Demurrer to complaint.
1Opinion of the CourtTompkiks, J.
The defendant Wisner, as executor of the last will'and testament of John H. Qomer, demurs to the complaint, upon the grounds:
*279First.. That the complaint fails to state facts sufficient to constitute a cause of action.
Second. That there is a defect of parties defendant.
The action is brought by the administrators with the will annexed of Anna E. Comer, deceased, against Henry G. Wisner, as executor of the last will and testament of John H. Comer, deceased, to compel the defendant to account for the property which came into his hands from the estate of Anna E. Comer, and was left unused and…
2Cases cited7 opinions
- Seaward v. . DavisNew York Court of Appeals · 1910
- Robins v. . McClureNew York Court of Appeals · 1885
- Van Axte v. . FisherNew York Court of Appeals · 1889
- Kearney v. Missionary Society of St. Paul the ApostleNew York Supreme Court · 1879
- Connolly v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1907
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