Coates v. Smith

The question for decision is whether the general demurrer to the second amended complaint for the executrix’s fraudulently appropriating $50,000 of bonds left by decedent should have been sustained without leave to amend where the complaint shows that the plaintiff had full knowledge of the existence of the bonds prior to decedent’s demise and of the inventory filed by the executrix 14 years before the commencement of the action.

The original complaint in this action was filed October 6, 1947. By her second amended complaint appellant alleged the probate in 1932 of the will of her grandfather…