WYATT v. FULRATH


26 Misc.2d 554 (1960)

Inzer B. Wyatt, as Ancillary Administrator C. T. A. of The Estate of Joaquin Fernandez De Cordova Y Osma, Duque De Arion, Deceased, Plaintiff, v. Logan Fulrath, as Executor of Maria De La Luz Mariategui Y Perez De Barradas, Duquesa De Arion, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

August 29, 1960


Attorney(s) appearing for the Case

Sullivan & Cromwell (William E. Willis and Jerome K. Walsh, Jr., of counsel), for plaintiff. Logan Fulrath, as executor, defendant in person.


HENRY EPSTEIN, J.

This is a motion by the individual defendant to dismiss a complaint on the ground that this court does not have jurisdiction of the subject of the action or in the alternative to refuse to entertain jurisdiction, in the exercise of discretion. Briefly, the facts are: the husband died on November 8, 1957, the wife died on March 23, 1959; both were elderly, prominent and wealthy persons. The...

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