Rickey v. Landon

Appeal from the denial of the defendants’ motion to dismiss the complaint in a partition action upon the ground that it does not state a cause of action. The power of sale contained in the will was not mandatory and imperative. Order unanimously affirmed, with ten dollars costs and disbursements, with leave to defendants, appellants, to answer within twenty days from the service of a copy of the order to be entered hereon. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.