Opinion
May Term, 1903.
Interlocutory judgment affirmed, with costs. Held, that the court has no jurisdiction of this action against the defendant as executrix, she being a foreign executrix appointed and acting under the laws of the State of Illinois; defendant as such executrix did not waive her objection to the jurisdiction of the court by appearing in the action and demurring for lack of jurisdiction. ( Flandrow v. Hammond, 13 App. Div. 325; Wheelock v. Lee, 74 N.Y. 495.) Also held, that this action is not maintainable against the defendant as executrix of an executor; also held, that the complaint does not state a cause of action against the defendant individually. All concurred.