Tompkins v. Smith

The appellee executor of the last will and testament of. .Margaret Tompkins, deceased, filed this action. Appellant’s demurrer for insufficient facts was overruled. This ruling is challenged.

It is alleged that decedent executed her will many years ago, by the terms of which she gave all her property to’ her' five children, share and share alike, including the appellant Maurice Tompkins. It is further alleged that, “said decedent Margaret Tompkins departed this life. April 15, 1950, and that just shortly before her passing and for approximately. ten years she lived with her daughter Louise Cox…