Newman v. Burwell

This is an appeal from a judgment entered in favor of the defendants upon the plaintiff's refusal to amend her complaint within ten days after the entry of an order sustaining a demurrer thereto.

The action is one in equity brought by the plaintiff against the executrices of the will of her deceased husband to establish a claim against the estate and to have impounded funds of the estate sufficient to pay and discharge said claim. The asserted claim is based on a decree of divorce wherein the custody of the minor child of the parties was awarded to the plaintiff, and, pursuant to a property…