New York Court of Appeals
Sarah E. Mellen, Appellant v. Gordon McKay Mellen, Impleaded
October 3, 1893139 N.Y. 210
Summary
The Court affirmed the demurrer, holding that the plaintiff, not an heir or devisee, could not maintain an action for construction of the will and that the power of sale granted to the executor is a legal question, not within equity jurisdiction; the complaint also failed to allege a sufficient election to extinguish that power.