Armour v. Minor

Headnote

Armour v. Minor, 186 App. Div. 883 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 1, 1918, which affirmed an order of Special Term denying a motion by plaintiff for an order overruling a demurrer to the complaint and for judgment in his favor on the pleadings and granting a cross motion by defendants, respondents, for an order sustaining

their demurrer to the complaint and directing judgment dismissing the complaint. The action was in equity to obtain a construction of the will of Ella J. C. Armour, deceased. The court at Special Term held that “It is apparent from a reading of the will that the question between the parties merely relates to the administration of the estate. The will is clear and the rights of the parties easily ascertainable. I am therefore of the opinion there is no reason for this court entertaining this action; the questions involved can be passed upon by the probate court having jurisdiction.”