Schmidt v. King — 247 N.Y. 578

Majority

p. 578

Edward Schmidt, Individually and as Trustee under the Will of Theresa Steffan, Deceased, Appellant, v. Rose A. King, as Trustee under the Will of Theresa Steffan, Deceased, et al., Respondents.

Headnote

Will — construction — courts — complaint in action in Supreme Court for construction of will dismissed where full relief might be obtained in Surrogate’s Court.

Schmidt v. King, 222 App. Div. 712 , affirmed.

(Argued February 13, 1928;

decided February 24, 1928.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 2, 1927, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for a dismissal of the complaint. The action was brought to obtain a con

p. 579

struction of the will of Theresa Steffan, deceased. The complaint was dismissed on the ground that full relief could be obtained on the accounting in Surrogate’s Court.

Stephen V. O’Gorman for appellant.

William C. Carroll for Rose A. King as trustee, respondent.

Charles A. Drefs, Jr., for Edward C. Stepping et al., respondents.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.