Trout v. Lukey

Opinion by

Me. Justice Bok,

This is plaintiff’s appeal from the sustaining of preliminary objections in the nature of a demurrer to an amended complaint in equity.

The complaint avers that plaintiff, as executor of the Estate of Walenty Fleszar, confessed judgment against defendants on a judgment note for $12,500 dated June 28, 1954, and given by them to Pleszar before his death, which occurred on February 16, 1957. The husband defendant then filed a claim against the Estate based on an unrecorded judgment note dated January 19, 1953, for $29,987. Shortly before the hearing in Orphans’ Court on…