Murphy v. Travers

This action was brought by the plaintiff,, as legatee under the will of John Morrissey, deceased, she' being the sister and one of the heirs-at-law of said deceased. The plaintiff sued for an accounting by the executors, claiming that the real. estate of deceased was chargeable with the payment of legacies, and that in consequence of the inadequate jurisdiction of the surrogate’s court, her only remedy was by resort to a court of equity.

The defendants moved, on an affidavit alleging the want of pecuniary responsibility on the part of plaintiff, and her inability for that reason to pay costs,…