Myers v. Wendel

— I. This is an action against the surviving widow and the beneficiaries named in the will of Albert S. Wendel, who died November 28, 1920, in Woodbury County, and *860the special administrator of his estate, to establish and enforce a resulting trust in certain real property, the legal title to which was, at the time of his death, in the testator.

The questions presented for review arise out of the ruling of the court sustaining separate demurrers to appellant’s amended and substituted petition and amendment thereto, the ruling of the court upon a motion to strike a second amended and substituted…