Johnston v. Johnston

FOSTER, Justice.

This case comes here on appeal from a decree of the circuit court in equity sustaining demurrers to a bill of complaint.

The complainant was the alleged administratrix of the estate of Royce E. Johnston, and brought this suit against Alonza E. Johnston, who is the father of Royce E. Johnston.

The bill of complaint is thought by complainant to have equity upon the theory that it seeks an accounting and personal decree against Alonza E. Johnston, alleged to have put himself in the position of a trustee in invitum in respect to the estate of Royce E. Johnston, deceased. In short,…