First National Bank v. Taylor

In the above cause the defendants filed a motion to abate the proceeding and dismiss the amended complaint. The court ordered that such motion be “allowed and complaint is dismissed.” Plaintiff elected to stand by the amended complaint, and thereupon the court ordered that the plaintiff’s action he forever barred. Plaintiff brings this appeal from such order.

The material facts alleged in such complaint and admitted by the motion are:

1. Plaintiff is the executor of the will of Emma II. Fisher, deceased, who died at 3:00 o’clock p. m. on January 1, 1944. She was the widow of John W. Fisher,…