Ramsay v. Ramsay

PRESIDING JUSTICE FRIEND

delivered the opinion of the court.

Plaintiffs appeal from an order of the Superior Court allowing defendants’ motions to dismiss, under section 48 of the Civil Practice Act (Ill. Rev. Stat. 1955, ch. 110 [§ 48]), a suit in equity for the establishment of a constructive trust on certain real and personal property.

The case was decided solely on the basis of the pleadings and affidavits. The complaint consists of two counts. Plaintiffs allege in count I that the testatrix, Edith Symonds Ramsay, died September 10,1948, leaving a last will and testament which had been…