Gallagher v. First National Bank

These are three actions by legatees under the will of Mary A. Gallagher, late of Leominster, against the executor under the will of Joseph A. Lovering, Esquire, late of Leominster. The writs are in contract or tort. Demurrers to the substitute declarations were sustained generally, and the plaintiffs appealed. The cases are substantially identical and have been consolidated. We describe the pleadings in the first case only.

The declaration is in two counts. Count 1 is described as in contract and alleges: On or about September 30,1952, the defendant’s testator, Joseph A. Lovering, Esquire,…