Trubody v. Trubody

SMITH, C.

Appeal from judgment against plaintiffs on demurrer to complaint. The defendant is the widow of John Trubody, deceased; the plaintiffs, his sons by a former wife. The suit was brought to set aside, on the ground of undue influence, certain deeds made by the deceased to the defendant.

The objections urged to the complaint are, that it does not state facts sufficient to constitute a cause of action; that the action cannot be maintained by the heirs in the absence of administration; that the cause of action is barred by the statute of limitations and by laches ; that there is a…