Weaver v. Low

The appellant, as guardian of the infant children of Henry H. Low, deceased, sued Elizabeth Low, *58the widow of said decedent. The court sustained a demurrer to the complaint, and rendered final judgment for costs against the plaintiff. The correctness of the ruling, in sustaining the demurrer, is the only question presented in the record.

The facts presented by the complaint are, in substance, as follows: Henny H. Low died in the summer of 1866, leaving the defendant his widow, by whom the decedent had no children, but leaving children (the plaintiff’s wards) by a previous marriage. At the time…