Appellate Division of the Supreme Court of the State of New York March 25, 1898 (Genet v. De Graaf)

RUMSEY, J.

The demurrer was evidently interposed upon the idea that the pleader had endeavored in his complaint to set out a cause of action against the executors which would enable him to recover de bonis testatoris. If that idea were correct, there is no doubt that the demurrer would have been well taken.