Petitt v. Morton

The question raised in this case is that the trial court erred in sustaining a demurrer to the plaintiff’s petition, upon which order final judgment was entered.

The action is grounded in tort, and the facts alleged in the petition are uncommon and unique. They are, in substance, as follows:

On June 4, 1905, one Milton Morton, a widower, died, leaving the three defendants, William- C. Morton, Kathleen Morton and Maud Morton, his only heirs at law. The plaintiff is a grandnephew. One year previous to the testator’s death he executed a valid will, and therein was devised to the plaintiff a…