Marsh v. Woodworth
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Roland Jones Shankland Marsh and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of July, 1917, granting a motion by the respondent trustees for judgment on the pleadings, and dismissing the complaint, unless the plaintiffs amend by bringing in omitted parties claimed to be necessary to the action.
1Opinion of the Court
Laughlin, J.:
This is an action for the construction of the provisions of the will of Roland D. Jones, deceased, creating a trust for the benefit of the plaintiffs and the defendant Roland D. J. Raught, his grandchildren. No facts are alleged upon which the plaintiffs would be entitled to any other relief in this action and a construction of the will is the only relief they demand, with the exception that they ask that in the event that an order heretofore made by the Supreme Court sustaining the validity of the trust provisions of the will, from which an appeal has been taken by the defendant…
2Cases cited2 opinions
- Metropolitan Trust Co. v. StalloAppellate Division of the Supreme Court of the State of New York · 1915
- Metropolitan Tr. Co. of the City of New York v. . StalloNew York Court of Appeals · 1915
3Cited by2 opinions
- Holbert v. JacksonNew York Supreme Court · 1929
- Holbert v. CummingsAppellate Division of the Supreme Court of the State of New York · 1927