Rice v. Peters

This action was regularly noticed for trial at the Trial Term in Washington county, January 13, 1908. By agreement of attorneys the matter comes on before me for trial, with the understanding that, upon defendant’s motion, the sufficiency of the complaint shall be determined before the parties shall be called upon to examine witnesses.

The complaint sets forth that the defendant is the exec*382utor of the last will and testament of Orin E. Rice, deceased, who owned a farm in the town of Easton, Washington county, New York; that for many years prior to the death of the deceased, the plaintiff, with…