Cohen v. Randall

CLARK, Circuit Judge.

This appeal reasserts the sufficiency of plaintiff’s complaint, which was dismissed below on motion before answer for failure to state a claim against defendant upon which relief could be granted. Federal jurisdiction rests on diversity of citizenship, the plaintiff being a resident of California. She was formerly the wife of Nathan D. Cohen, of the City of New York, who died testate in 1940. On June 17, 1940, letters testamentary were issued by the Surrogate’s Court of New York County to Lewis Randall as executor of Cohen’s estate. This action against the executor was…