40 Complaint, Submitted in Support of Motion Plaintiff sold and conveyed other real property to Clarence Kenyon by deed recorded in Liber 518 of Deeds, at page 50, and by deed recorded in Liber 514 of Deeds, at page 41. Plaintiff sold and conveyed other real property to Alfred Cecehine and wife by Deed recorded in Liber 518 of Deeds, at page 323. Plaintiff sold and conveyed other real property to Norman L. Doremus by Deed recorded in Liber 505 of Deeds, at page 335. Plaintiff sold and conveyed other real property to Julia M. Buiak by Deed recorded in Liber 507 of Deeds, at page 228. Plaintiff sold and conveyed other real prop. erty to Jacob A. Emery by Deed recorded in Liber 508 of Deeds, page 102. Plaintiff leased to the Standard Oil Company premises by lease recorded in Liber 509, at page 41 83. Plaintiff sold and conveyed by full covenant and warranty deed to Emma W. Crum a certain tract of land by Deed recorded in Liber 509 of Deeds, at page 189, upon which tract of land said Emma W. Crum has constructed a dwelling costing upwards of $25,000.00, as plain42 tiff is informed and believes. Plaintiff sold and conveyed by full covenant and warranty deed to Smithfields, Inc., certain tracts of land by Deeds recorded in Liber 517 of Deeds, at page 429, and in Liber 514 of Deeds at page 43, a portion of which tracts of land have been reconveyed by said Smithfields, Inc., to one W. W. Smith, 2nd., who has constructed on said land certain improvements costing in excess of $50,000.00, as plaintiff is informed and believes. Complaint, Submitted in Support of Motion 43 16. That defendants had both constructive and actual knowledge of the making of the contracts of sale and lease aforesaid, and of the making of the improvements aforesaid, and made no challenge as to the right of plaintiff to make such conveyances and lease. 17. That on or about the 15th day of December, 1931, the defendants, Elvira S. Graham and Julia S. Bock commenced a proceeding in the Surrogate's Court of the County of Dutchess, entitled; “In the Matter of the Application for the Probate of Heirship in the Estate of James 44 E. Sague, deceased,” by filing a petition in which they allege, among other things, that said defendants, Elvira S. Graham and Julia S. Bock and John K. Sague, are the heirs-at-law of said James E. Sague, deceased, and in which they pray for a decree establishing their alleged right of inheritance; that plaintiff has specially appeared in said proceeding objecting to the jurisdiction of said Surrogate's Court; that plaintiff's objections were overruled by an order of said Court dated the 25th day of February, 1932, and that plaintiff has duly appealed from said order to the Appellate Division, Second De 45 partment, by notice of appeal dated the 7th day of March, 1932; copies of said Specific Appearance are attached hereto and marked “Exhibit C." 18. Upon information and belief that the Surrogate's Court of Dutchess County is without jurisdiction to question the validity of the adoption order by which plaintiff was adopted as the child of said James E. Sague and is without 46 Complaint, Submitted in Support of Motion jurisdiction to adjudicate the validity of the contract made by James E. Sague to make plaintiff his heir and to leave her his property, and is without jurisdiction to enforce said contract specifically and to do full and complete justice between the parties hereto; that this Court has complete jurisdiction and power to give a complete and proper determination of every and all issues between the parties to this action, that great and irreparable damage will be caused to the plaintiff if not all of the issues raised be47 tween the parties to this action are adjudicated at the same time and in one court, that a multiplicity of suits will be avoided by having this Court take complete jurisdiction over all the matters alleged in this complaint; and that plaintiff is without adequate relief at law or in said Surrogate's Court. Wherefore, plaintiff demands judgment against the defendants as follows: 1. That the aforesaid contract between William G. Johnson and Maggie Johnson, his wife, and James E. Sague and Jeannette K. Sague, his wife, was and is a valid contract entitling 48 the plaintiff to have specific performance there of. 2. That the adoption of the plaintiff aforesaid was valid and that the plaintiff is the sole heir-at-law of said James E. Sague, or in the alternative that specific performance of the contract aforesaid be decreed by this Court, and that the defendants, Elvira S. Graham, Julia S. Bock, John K. Sague and Helen N. Sague be Complaint, Submitted in Support of Motion 19 directed to execute and deliver to plaintiff proper conveyances of the real estate of James E. Sague, deceased, and that plaintiff be adjudged and decreed to be entitled to a twothirds part of the personal property of which James E. Sague, deceased, died possessed after the payment of his debts and expenses of administration, and that the defendant administrators of the Estate of James E. Sague, deceased, be directed to pay over said two-thirds part to the plaintiff. 3. That the defendants, Elvira S. Graham, 50 Julia S. Bock and all other defendants be restrained and enjoined from further proceedings in the above mentioned special proceeding now pending in the Surrogate's Court, Dutchess County, entitled: “In the Matter of the Application for the Probate of Heirship in the Estate of James E. Sague, deceased,” and from bringing any other action or proceeding with respect to the probate of heirship of said James E. Sague, deceased, or any of the matters alleged in this complaint. 4. That the plaintiff have such other and further relief as the Court shall deem just and 51 proper, together with the costs of this action. WILLIAM A. MULVEY, Attorney for Plaintiff, 56 Market Street, Poughkeepsie, N. Y. Reynolds, Richards & McCutcheon, of Counsel. Office & P. O. Address, 68 William Street, New York, N. Y. 52 Complaint, Submitted in Support of Motion State of New York, Isobel S. Carter, being duly sworn says, that she is the plaintiff herein; that she has read the foregoing complaint and knows the contents thereof; that the same is true to her own knowledge except the matters therein stated to be alleged upon information and belief, and that as to those matters she believes it to be true. ISOBEL S. CARTER. Notary Public. 53 Schedule A Attached to Complaint Submitted in Support of Motion. Schedule A (This Schedule contains a detailed description of the different parcels of real estate referred to in paragraph “2” of the complaint.) 54 |