Lyman v. Milton

.By the Court, Belchek, J.:

The plaintiff seeks by this action to enforce the execution of a resulting trust.

The complaint names as defendants, Martha Ellen Milton, administratrix of the estate of Daniel Milton, deceased, Martha Ellen Milton, and Ida May Milton.. It alleges the death of Daniel Milton, leaving him surviving as his only heirs at law his widow, Martha Ellen Milton, and his daughter, Ida May Milton, an infant of about the age of three years, and that Martha Ellen Milton had been duly appointed the administratrix of his estate.

Upon the complaint a summons was issued, entitled: “W.…